Premises Liability

Premises LiabilitySlip and fall accidents, injuries on someone else's property - a whole range of accidents fall under the umbrella of premises liability, and they can be quite complicated to pursue from a legal standpoint. Injuries that occur on another person's property are far too common. These may include slips, trips or falls, inadequate security, lead poisoning, construction, farms, swimming pools, fires, explosions, exposure to hazardous materials, athletics, animal bites, and workplace injuries. Often, such injuries are caused by the negligence of another person. If you have been injured while on another person's property, you may be able to file a claim against the property or manager if negligence resulted in your accident.

Imagine this: you're visiting a historic museum in an old house, and the staircase gives through as you're walking up it, resulting in a broken leg, a broken arm, lacerations and other injuries. The museum employees and owner knew that the staircase wasn't structurally sound, but they didn't have the money to fix it yet so they were waiting to repair it, and still allowing people to access it in the meantime. This is a clear example of a premises liability case. The premises owner knew about a potentially dangerous situation, but failed to correct it, and it resulted in injury.

Types of Ridgeland Premises Liability Cases

Many types of accidents can result in premises liability cases, but a few of the more common include:

  • Slip and fall accidents;
  • Injuries due to faulty maintenance or unsafe premises;
  • Dog bites;
  • Falling boards or other structural elements resulting in injury;
  • Injury due to dangerous activities on the premises, including failing to provide property security for customers or residents.

Premises liability cases range from the simple to the complex. Some cases, at first glance, are obviously premises liability cases. In other cases, though, the premises liability element of the case might not be obvious without detailed examination, investigation and analysis. This is where an experienced Jackson or Ridgeland premises liability attorney can help. A good premises liability attorney, like Jared A. Kobs or Benjamin N. Philley, can analyze your case and determine whether you're looking at a real premises liability case, or simply an unfortunate accident.

Proving a Jackson Premises Liability Case

Proving a Jackson or Ridgeland premises liability case can become quite challenging. Premises liability involves many elements, which must all be met in order to cross from accident to liability case. Even after liability is established, determining the liable party can be challenging. Consider this example:

You attend a traveling street fair that has set up shop for a week in your local mall parking lot. You're on a ride when it fails, and you're injured. The car you're in falls off the ride, and you get broken bones and a few broken ribs. You're unable to return to work for a week, and you have thousands of dollars in medical bills.

Is this a premises liability case? If so, who is the responsible party? Depending on the circumstances, one individual could be at fault, or it could be multiple parties who share responsibility for your injury.

The property owner could be at fault for permitting the fair to set up there. The persons who set up the rides could be at fault for setting up the ride incorrectly, resulting in the accident. The person running the ride could be responsible, for a failure to do proper safety checks or for operating the ride incorrectly. The fair owner could be at fault, because he or she is the person who owns the ride. Even the ride manufacturer could be responsible, if the ride failed due to a faulty part or design. If the ride itself is the cause of the problem, the liable party could be the ride designer, the ride manufacturer, or even the parts supplier for the manufacturer.

In this one scenario, we have seven potential liable parties. A good lawyer can sort out the details, hire investigators, consult experts and trace the source of the problem to ensure he or she has the correct liable party, and then pursue the case to a successful conclusion.

Most premises liability cases aren't this complicated. The previous example crosses into many categories of personal injury law, such as defective products and general personal injury. On the other hand, it may be quite obvious that a case is premises liability, such as the case of (1) a grocery store that knew it had a leak, and failed to sufficiently address that leak, which resulted in a customer slip and fall injury; (2) a grocery store who knew of previous burglaries around its area or parking lot and failed to provide property security, which resulted in a store patron been burglarized; or (3) an apartment complex who knew of fights or crimes that had occurred on its property, but did not provide proper security for its residents, which resulted in an apartment resident being mugged and beaten up.

Even when it is obvious that a case is a clear-cut premises liability case, if you're dealing with a large company or corporation, it probably has a host of lawyers to deny the claim and avoid paying out. Businesses are usually more interested in profits and looking to their overheard rather than safety or liability. In focusing on overhead, businesses will not pay on valid claims in fear that it will reduce the money they put in their pockets. Most businesses will fight a premises liability case to the end if they think they can avoid a costly Jackson slip and fall settlement, or other Mississippi premises liability payout.

Cost of a Madison Premises Liability Injury

Consider a slip and fall case. If you're lucky, a slip and fall might cause nothing more than a few minor bruises, and not require a premises liability case at all. If you're unlucky, you could end up like one victim who slipped in an unexpected pool of water, and suffered a serious knee injury. This premises liability victim had to have two knee surgeries, which cost over $40,000. She had ongoing physical therapy after both surgeries, and she's now reached a medical end result that unfortunately means her knee will never fully recover. She's had to change professions to a sedentary office job, and has lost income over the course of her life due to the change in professions. She can no longer run or enjoy physical activities she used to enjoy. The total cost of her injury is astronomical in lost income, medical bills and loss of quality of life - all because of a puddle of water that a premises owner who knew of the puddle of water and failed to mop up.

Don't let a premises owner get away with causing a serious premises liability injury and failing to pay up. By filing a premises liability case, you can get justice for your injuries, and you can help insure that other people aren't injured in the same way. Personal injury lawyers Jared A. Kobs and Benjamin N. Philley can help. Take advantage of our NO OBLIGATION, FREE CONSULTATION. Ask us questions. We will provide straight answers and explain what we can do for you and how we can help you during this stressful time. You can contact us online or call us today at 601-856-7800 or 1-877-856-0330 for a FREE CONSULTATION.


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