Keller Swan Injury Attorneys: Protecting Premises Liability Victims Multistate
Accidents on someone else’s property can be devastating, leading to injuries, medical expenses, and lasting effects on quality of life. When property owners fail to uphold safety standards, they may be legally responsible for any injuries that occur. Keller Swan Injury Attorneys provides multistate representation for individuals injured due to unsafe property conditions, helping them seek the compensation they deserve.
Our team of attorneys understands premises liability laws in the U.S. and is equipped to handle complex cases, whether they involve commercial properties, residential buildings, or public spaces.
Part I: Premises Liability – When Property Owners Are Responsible
Understanding Premises Liability
Premises liability is a specific area of law that holds property owners accountable for maintaining safe conditions on their properties. This includes everything from routine inspections and necessary repairs to adequate warning signs for temporary hazards. If someone is injured due to an owner’s negligence, they may have grounds to pursue a premises liability claim.
High-Profile Premises Liability Cases in the U.S. (2013–2024)
Over the past decade, significant premises liability cases have highlighted the serious consequences of inadequate property maintenance:
- Chicago Balcony Collapse (2014): A faulty balcony structure in a residential building led to multiple injuries and a multi-million dollar settlement after a group of residents fell from the second floor.
- New York Hotel Legionnaires’ Disease Outbreak (2015): A hotel’s faulty water system caused an outbreak, resulting in multiple lawsuits and highlighting the importance of building maintenance to prevent health hazards.
- California Amusement Park Ride Failure (2018): A mechanical failure led to injuries on a popular ride, resulting in a $10 million settlement and stricter safety protocols for amusement parks.
- 2023 Arizona Pool Drowning Incident: A child drowned due to poor fencing and lack of warning signs in an apartment complex, resulting in significant reform to pool safety requirements and a large settlement.
- 2024 Dallas Elevator Accident: An improperly maintained elevator caused severe injuries to a tenant. This incident brought national attention to elevator safety and led to a $15 million settlement.
These cases illustrate the severity of premises liability claims and underscore the importance of property owners maintaining safe environments.
Types of Visitors and Duty of Care
The level of care a property owner owes a visitor depends on the visitor’s status: invitee, licensee, or trespasser. A premises liability lawyer can help assess a victim’s status, which affects the level of responsibility the property owner may bear.
Invitee
An invitee is someone invited onto the property for the mutual benefit of both parties, such as a customer in a store. Property owners owe invitees the highest level of care, including regular inspections, repairs, and warnings of any potential hazards.
Licensee
A licensee enters the property for their own purposes but with the owner’s permission, like a social guest. Property owners must warn licensees of any known hazards that may not be obvious. However, they are not required to inspect for unknown dangers.
Trespasser
While property owners generally owe no duty to trespassers, they cannot intentionally create conditions that would harm them. Attractive nuisance doctrine is an exception, particularly relevant to children. If a property has features that might attract children, such as a pool or abandoned machinery, the owner must take reasonable steps to secure these areas.
Part II: Common Types of Premises Liability Cases and Legal Process
Types of Premises Liability Cases
Premises liability encompasses a variety of scenarios, each with unique safety requirements. Some of the most common types of premises liability cases include:
- Slip and Fall Accidents: One of the most common claims, often due to unmarked wet floors, icy sidewalks, or poorly maintained flooring.
- Inadequate Security: Property owners of businesses, apartment complexes, and parking garages may be liable if lack of security measures leads to an assault or theft.
- Swimming Pool Accidents: Pool owners must maintain fencing, signage, and proper pool maintenance to ensure safety.
- Elevator and Escalator Accidents: Malfunctioning or poorly maintained elevators and escalators can lead to severe injuries.
- Fire Hazards: Owners are required to install fire alarms, sprinklers, and emergency exits and keep them functional.
- Toxic Exposure: Unsafe exposure to toxic substances like mold, asbestos, or chemicals can cause long-term health complications.
If any of these situations apply, consulting with a premises liability lawyer can help you understand the specific legal requirements that may strengthen your claim.
Steps to Take After a Premises Liability Accident
If you’re injured on someone else’s property, it’s critical to take the following steps to preserve evidence and protect your claim:
- Seek Medical Attention: Immediate medical treatment documents your injuries and ensures proper care.
- Report the Incident: Inform the property owner or manager and request a written report. This establishes that the incident was reported.
- Collect Evidence: Take photographs of the scene, your injuries, and any hazards that contributed to the accident.
- Gather Witness Information: Obtain contact information for any witnesses who may have seen the incident.
- Contact a Premises Liability Attorney: An experienced attorney can assess your case, gather evidence, and help determine the property owner’s liability.
FAQ: Common Questions About Premises Liability
- What is premises liability, and how does it differ from personal liability?
Premises liability focuses specifically on injuries sustained due to unsafe property conditions, whereas personal liability covers general injuries for which one may be responsible. - How long do I have to file a premises liability claim?
The statute of limitations varies by state, but most states require claims to be filed within 2-4 years. It’s crucial to act quickly to ensure compliance with state deadlines. - Can I still file a claim if I was partially at fault?
Yes, many states follow comparative negligence laws, which allow you to recover damages even if you were partially at fault. Your compensation may be reduced based on your percentage of fault. - What damages can I recover in a premises liability claim?
You may be eligible to recover medical expenses, lost wages, pain and suffering, and compensation for long-term rehabilitation needs. - What if the property owner claims they weren’t aware of the hazard?
If the hazard was present for a long time or was clearly dangerous, the owner could still be liable for failing to regularly inspect and maintain the property. - Who can be held responsible in a premises liability claim?
Liable parties may include property owners, business operators, landlords, and in some cases, maintenance companies contracted to keep the premises safe. - Are landlords liable for injuries on rental properties?
Landlords may be held liable if the injury resulted from a condition they had a duty to repair or maintain, especially if they were notified of the issue. - How is liability determined in slip and fall cases?
Determining liability involves proving the owner knew or should have known about the dangerous condition and failed to address it within a reasonable timeframe. - What should I avoid after a premises liability accident?
Avoid discussing your accident on social media, as statements can be used against you. Additionally, do not sign any settlement agreements without consulting an attorney. - Can I file a claim if I was injured at a friend’s property?
Yes, premises liability claims can be filed against friends or family if their negligence led to your injury. In most cases, the claim is against their homeowner’s insurance, not them directly.
Why Choose Keller Swan Injury Attorneys for Your Premises Liability Case?
Keller Swan Injury Attorneys are dedicated to securing justice for victims of premises liability incidents. With our experience and comprehensive understanding of premises liability laws nationwide, we can build a strong case to ensure you receive fair compensation. Here’s why clients choose us:
- Experienced Attorneys: Our team has years of experience successfully handling complex premises liability cases.
- Nationwide Reach: We provide legal representation i nthe U.S., leveraging our knowledge of state-specific premises liability laws.
- Proven Success: Keller Swan has helped countless clients obtain compensation, securing justice and financial stability for victims of property negligence.
Contact Keller Swan Injury Attorneys for a Free Consultation Today
If you or a loved one has suffered an injury on someone else’s property, reach out to Keller Swan Injury Attorneys. Our team is committed to advocating for your rights and pursuing the compensation you deserve. Contact us today for a free consultation to discuss your premises liability claim and learn how we can help you on your road to recovery.
