Slip, Trip, Fall – Premise Liability

FACT: Almost Half Of Non-Fatal, Unintentional Injuries Are Caused By Falls Or Being Struck By An Object
Syracuse Personal Injury - Premise Liability

Slip, Trip, Fall – Premise Liability

What is Premise Liability?

When a property owner does not keep their building safe, they put the safety of people in the community at risk. The law says that a property owner has a duty to keep this space reasonably safe for others who are visiting. The law applies to owners of residences and businesses. Renters and leasers also have a responsibility for their property. The area of law that deals with this concept is known as Premise Liability. A premise liability case could involve either a wrongful death or a serious life-changing injury.

6 Events That Occur as a Result of Premise Liability

  1. Falling on a sidewalk
  2. Slipping or falling in a supermarket or at a private residence
  3. Getting hurt in an elevator
  4. Being injured by a ceiling, stairwell, or other area of a building that was in disrepair
  5. Getting hurt while playing on a playground
  6. Getting struck by a person or falling object when attending an event

Facts About Premise Liability

According to the Centers for Disease Control, almost half of non-fatal unintentional injuries are caused by falls or being struck by an object. These injuries may occur because the property owner is not acting responsibly and they do not maintain their buildings.

Do You Have A Premise Liability Case?

Simply getting hurt while on someone’s property does not mean you will be successful with a lawsuit. There are a few things you must be able to prove.

  1. The property owner must have known or should have known about the unsafe condition, or they must have caused the condition.
  2. The unsafe condition must have caused your injury.
  3. Contributory negligence. This means that the fault of everyone involved, including the person who was hurt, must be considered and balanced.

5 Things To Do If You Have Been Hurt on Someone’s Property

  1. Get the medical care you need immediately. Follow your health care providers’ instructions to get better.
  2. Take pictures, or have someone take pictures, of the building or property site as soon as possible to capture the conditions of the property at the time of your injury.
  3. Keep any relevant evidence. If you fell, keep your shoes.
  4. Make a list of any witnesses.
  5. Contact an attorney as soon as possible. They will want to begin their investigation as soon as possible in order to build a successful case.

Kuehner Law Firm Approach

Help Our Client, Help The Community
If you have a Premise Liability case, your case will require a careful investigation. This investigation will include inspecting the location where the injury occurred and speaking with any witnesses. It is important to take photographs of the location before any changes are made to the premises. Speaking with witnesses to the injury or other people familiar with the building will be key to learning about previous complaints or code violations. This will show the property owner was aware of the unsafe condition. A common challenge to these cases is that evidence, including video surveillance, may be lost or destroyed. KLF works with a team of experts who may include private investigators, engineers or architects who will investigate the building where the injury occurred. In addition, we pull in physicians and life-care planners who will demonstrate the physical, psychological, and economic damages that were caused to you and your family. Our clients will be compensated for the medical expenses, loss of income, and pain and suffering which were caused by the property owners who chose to take shortcuts or ignore problems rather than putting safety first.
Like all of our cases, we are mindful of enforcing the requirement that owners keep their property safe. We do this in your case so that someone else won’t have to go through what you did.