Premises Liability
Practice areas
Premises Liability Lawyer
Hazardous conditions like faulty wiring, improperly stacked merchandise and loose carpeting cause accidents resulting in major injury. Businesses and property owners have a vital responsibility to create safe environments for their customers and visitors. This also includes walkways and parking lots, in addition to the people they employ. Employees are there to serve and sometimes, even protect people who visit their places of business. The attorneys at Dunk Law Firm, are experienced in the legal responsibilities and liabilities of businesses or organizations that fail to offer these safe conditions.
You can readily sustain injury through no fault of your own when you visit property such as a store, office building, motel or apartment complex. If the owner or occupant of the property knew of a dangerous condition or activity that caused your injury and failed to take timely, practical actions to protect you from it, you may be qualified to recover full compensation for all damage you have suffered. You should immediately get help from an experienced premises liability lawyer.
Premises Liability Cases
When you work with Dunk Law Firm, we will thoroughly examine the facts of your claim. We will identify and pursue all of your legal options against the owner or occupant of the property where your injury took place. Typically, the matters that we will concentrate on include:
- Duty-- Did you lawfully visit the property? For example, were you a customer at a store, a visitor at a hotel or a social guest at a person's home? If so, the property owner or occupant owed a duty to exercise ordinary care to ensure that the property was safe for you. In other words, the owner or occupant needed to take reasonable measures to protect you from any dangerous condition on the property that the owner or occupant knew or reasonably should have known about and which you would not have been expected to find on your own.
- Breach-- Did the owner or occupant neglect to fix the dangerous condition in a reasonable, timely manner or, at least, to warn you about it? If so, the owner failed to fulfill the duty owed to you and could be held legally responsible for your injuries.
- Causation-- Did the negligence of the owner or occupier contribute to the injuries that you suffered, or did something else-- possibly your own actions-- cause the injuries?
- Damages-- Did you suffer actual injury as a result of the failure of the property owner or occupier to fulfill the duty owed to you? This means that you have to show that you suffered real physical, emotional and/or financial harm.
It is always important to look at the ways a property owner or occupier will attempt to avoid liability. For example, the owner or occupier may claim that you were a trespasser or suggest that you suffered injuries because you walked into an "open and obvious" hazard. The lawyers at Dunk Law Firm, will be ready to tackle those issues and protect your right to full and fair compensation.
Types of Premises Liability Claims
A premises liability claim can emerge in various situations. Some of the most common premises liability claims that our law firm handles include:
- Slip and falls-- These incidents typically happen due to wet and slippery floors, poor lighting, damaged and uneven walkways, torn or frayed carpeting and icy or snowy sidewalks and parking lots. In addition, a lot of falls occur due to defects such as damaged stairways or handrails.
- Falling objects-- Many individuals sustain injuries when poorly stacked merchandise falls from store shelves or when workers drop tools, equipment and materials at construction sites.
- Contamination-- Landlords, particularly, expose tenants and their guests to harm when they neglect to perform routine inspections and remedy concerns such as mold buildup, lead paint, carbon monoxide or gas leaks. Usually, their neglect violates local building codes.
- Escalator and elevator accidents-- These accidents often occur when building owners or tenants fail to regularly inspect and maintain elevators and escalators in stores, shopping centers and office buildings.
- Negligent security-- Many assaults take place in shopping centers, office buildings, apartments, hotels and motels because property owners and managers fail to protect guests from known security hazards, or they hire employees without an adequate criminal background check.
- Swimming pool accidents-- Drownings and near-drownings can occur if a property owner or occupant fails to properly maintain a pool and features such as slides and diving boards. Swimming pool owners should also use a fence or locked gate to keep out children and prevent the foreseeable risk of an accident.
Compensation in a Premises Liability Claim
Our goal at Dunk Law Firm, will be to acquire maximum compensation for you in your premises liability case. We know how hazardous property conditions can cause individuals to sustain serious, life-changing injuries such as traumatic brain injury, back and spine injuries, fractures, burns and soft tissue injuries. We will work hard to pursue damages on your behalf such as:
- Past and future medical expenses
- Lost wages (including lost future earning capacity)
- Pain and suffering
- Psychological distress
- Wrongful death damages (if you lost your loved one)
- Punitive damages
We will determine all sources of compensation for you and aggressively challenge any attempts by the property owner or occupier (or its insurance company) to blame you for your injuries and reject or reduce the amount of your claim.
Our Premises Liability Lawyers Are Ready to Help You
At Dunk Law Firm, we will move quickly to investigate your claim. We work with skilled investigators that can document the scene of your accident, talk with witnesses and locate various other evidence such as surveillance camera footage. We also frequently consult with experts that help us to determine exactly how a hazardous property condition caused an accident. A major part of our investigation may involve locating the identity of the property owner or individual who was otherwise in control of the premises where you or a loved one was hurt.
Frequently Asked Questions
What Questions Should I Ask a Personal Injury Lawyer?
How Much Are Lawyer Fees for Personal Injury?
What Is Fair Compensation for Personal Injury?