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Premises Liability
When a building owner fails to maintain and/or provide a safe environment for its' customers, you need a lawyer who knows how to go up against big companies and protect your rights. At the Carabin Shaw, our attorneys want to hear about your case. If you have been injured - we can help call us at 800-862-1260.
Our Law Firm represents those individuals that have suffered an injury or death while on a property of another person or entity. The Injury Attorneys with our Law Firm can review your premises liability case at no charge or expense to you. Premises liability is a broad area of personal injury law. It covers many different situations and circumstances in which a person(s) can be injured, or the injuries result in death. This can be very confusing and complicated to determine where the responsibility and liability for the injuries lie, so it is imperative you contact an experienced injury attorney as soon as possible after the incident to examine the facts and help determine if a case can be made.
"Premises Liability" refers to the ability to hold owners and occupiers of property legally responsible for accidents and injuries that occur on that property. A property owner or occupier must take reasonable steps to make sure that their property is safe and/or in some cases, the property owner or occupier must warn people on their property of any dangerous conditions. Owners and occupiers of land, such as business owners, landlords, and tenants have a legal duty to maintain their property in a condition that is safe for others. If it is provable that the property owner or occupier’s failure to take reasonable steps to provide a safe property results in an injury, then the injured person may be able to recover monetary damages from the negligent owner or occupier.
There are certain situations that arise when the negligence of a property owner or occupier results in serious or catastrophic injury:
Drowning - Each year approximately 4,500 people drown and many of these occur while on another person’s property. Almost 25% of those are children under 18 years old and there are 4 more children with a water related injury for every one that drowns. Some of these accidents are a result of a land owner or occupier’s negligence. The negligence commonly seen is proper safety measures, such as fences surrounding the pool, latches on gates that are out of reach of children, pool covers, motion sensors, or failure to provide proper supervision may not have been taken with respect to a swimming pool, especially when children are using the property.
Lack of Security at Retail Stores - Retail store owners not only have the duty to make sure that their stores are free from conditions that may cause injury to customers, but they must also take reasonable steps to maintain the safety of their customers with respect to preventing crime against the customers (e.g., lighting in parking lot and building exit, security patrols, or repairing holes in fences). For example, retail store owners need to proactively rectify any safety hazards on the property of the store and if there is no way to rectify the hazard, they need to adequately warn and protect the guests. The landowner must not knowingly, negligently, or maliciously fail to guard or warn against any dangerous conditions, use, structures, or activities, or they may be found liable no matter what the status of the injured customer is. The burden of proof is on the customer/injured person to prove negligence or purposely not ensuring the safety of the guests.
Failure to Maintain a Property: It costs money to keep a building and its surrounding parking areas safely maintain. When a business attempts to save money by cutting corners on maintenance and that decision injures or kills someone, the business or property owner should be held accountable.
When a building owner fails to maintain and/or provide a safe environment for its' customers, you need a lawyer who knows how to go up against big companies and protect your rights. At the Carabin Shaw, our attorneys want to hear about your case. If you have been injured - we can help - call us at 800-862-1260.
Our Law Firm represents those individuals that have suffered an injury or death while on a property of another person or entity. The Injury Attorneys with our Law Firm can review your premises liability case at no charge or expense to you. Premises liability is a broad area of personal injury law. It covers many different situations and circumstances in which a person(s) can be injured, or the injuries result in death. This can be very confusing and complicated to determine where the responsibility and liability for the injuries lie, so it is imperative you contact an experienced injury attorney as soon as possible after the incident to examine the facts and help determine if a case can be made.
"Premises Liability" refers to the ability to hold owners and occupiers of property legally responsible for accidents and injuries that occur on that property. A property owner or occupier must take reasonable steps to make sure that their property is safe and/or in some cases, the property owner or occupier must warn people on their property of any dangerous conditions. Owners and occupiers of land, such as business owners, landlords, and tenants have a legal duty to maintain their property in a condition that is safe for others. If it is provable that the property owner or occupier’s failure to take reasonable steps to provide a safe property results in an injury, then the injured person may be able to recover monetary damages from the negligent owner or occupier.
There are certain situations that arise when the negligence of a property owner or occupier results in serious or catastrophic injury:
Drowning - Each year approximately 4,500 people drown and many of these occur while on another person’s property. Almost 25% of those are children under 18 years old and there are 4 more children with a water related injury for every one that drowns. Some of these accidents are a result of a land owner or occupier’s negligence. The negligence commonly seen is proper safety measures, such as fences surrounding the pool, latches on gates that are out of reach of children, pool covers, motion sensors, or failure to provide proper supervision may not have been taken with respect to a swimming pool, especially when children are using the property.
Lack of Security at Retail Stores - Retail store owners not only have the duty to make sure that their stores are free from conditions that may cause injury to customers, but they must also take reasonable steps to maintain the safety of their customers with respect to preventing crime against the customers (e.g., lighting in parking lot and building exit, security patrols, or repairing holes in fences). For example, retail store owners need to proactively rectify any safety hazards on the property of the store and if there is no way to rectify the hazard, they need to adequately warn and protect the guests. The landowner must not knowingly, negligently, or maliciously fail to guard or warn against any dangerous conditions, use, structures, or activities, or they may be found liable no matter what the status of the injured customer is. The burden of proof is on the customer/injured person to prove negligence or purposely not ensuring the safety of the guests.
Failure to Maintain a Property: It costs money to keep a building and its surrounding parking areas safely maintain. When a business attempts to save money by cutting corners on maintenance and that decision injures or kills someone, the business or property owner should be held accountable.
- Slip and fall or trip and fall accidents happen when a business allows a hazard such as a slippery or greasy floor or potholes in an unlit parking lot.
- When a ceiling falls at an industrial site or when boxes are stacked in a hazardous manner, workers and customers can be seriously hurt.
- Failure to Provide Adequate Security - is where the owner fails to follow its own security rules and someone is assaulted as a result, the business may be held responsible.
- Slip and Fall in Parking Lot - can occur when individuals walk across unmaintained private parking lots and fall and suffered serious and permanent injuries. In some cases the holes individuals have tripped on have been present for a long time, evidencing a failure to inspect and repair by the owner. If this has happen to you - we can help.
- Elevator malfunction - More often than you might think elevators fail. The brakes can malfunction, to elevator doors can improperly open or close. If you have been injured -we can help.
When a building owner fails to maintain and/or provide a safe environment for its' customers, you need a lawyer who knows how to go up against big companies and protect your rights. At the Carabin Shaw, our attorneys want to hear about your case. If you have been injured - we can help - call us at 800-862-1260.
