When you visit a department store, public arena, a school, workplace or another place open to guests, you can expect the property owner or manager to ensure your safety. It would be irresponsible, for example, if a store manager knew there was a spill that made the floor slippery but did nothing to alert workers or the public. If hazardous conditions are known, steps must be taken to keep guests and employees safe. Premises liability exists when property owners or others fail in their duties to keep people safe.
If a store manager ropes off a hazardous area and posts signs to alert guests, but you climb over the tape to walk on the floor, then suffer injuries when you slip and fall, the business is not necessarily liable for damages. He or she tried to warn you. However, a business whose negligence has caused an accident may be held accountable by a civil court judge for damages.
Issues besides slips-and-falls that create premises liability
If someone assaults you in a parking garage and you suffer injury, is the garage owner liable for damages? It is possible that the property owner may be liable. What if lighting was poor in the garage, and the darkness enabled the criminal to hide as you approached your vehicle? What if you got stuck with an assailant in an elevator that was not working properly?
In addition to assault, here are some other issues may also constitute premises liability in certain circumstances:
- Dog bites or other animal attacks
- Swimming pool accidents
- Equipment that was improperly maintained
Such issues often lead to accidents on private or public property. When an accident causes emotional trauma, physical injury or economic distress, state law allows you to seek restitution in civil court. A plaintiff in a personal injury case must prove that several elements existed at the time of the incident. Such elements include showing that the defendant’s negligence was a direct cause of the damages that occurred.
How to seek justice with a premises liability claim
By seeking a consultation with McNally Law Office, in California, you can learn more about premises liability laws. With experienced legal representation on your side, you increase your chances of obtaining a favorable outcome in court. When a property owner’s negligence has resulted in injuries, you shouldn’t be made to suffer even more from the financial strain the incident has caused.