When someone suffers an injury on another person's property, the legal concept of premises liability law may come into play. This is especially true if an unsafe or defective condition on that property caused the victim to be injured. As with the majority of personal injury cases, claims of premises liability injury are generally based on negligence. In this case, the negligence of the property owner.
If you or a loved one has been injured due to a premises liability incident in Cincinnati, you may be entitled to compensation for medical bills, pain and suffering, or other damages.
In this article, we will detail how a number of dangerous conditions on a property can lead to severe or even permanent injuries. We will also delve into a variety of situations that could potentially constitute a premises liability case.
Dangerous Conditions Can Result in Permanent Injuries
If an individual is injured or killed due to a defective or unsafe condition present on someone else's property, the victim or victim's family members may attempt to claim premises liability against the property owner.
What is premises liability? This legal concept essentially means that property owners are legally responsible for maintaining the safety and suitability of their premises for tenants, customers, visitors, and guests. The responsibilities of property owners include:
- Protecting occupants, visitors, and other invitees to the property from hazards present on the premises.
- Exercising reasonable care, including performing regular inspections, maintenance, and repairs on the property and posting warnings about any potential dangers that exist.
- Refraining from willfully, wantonly, or recklessly harming trespassers on the property.
Any number of dangerous conditions can cause people to incur catastrophic or even permanent injuries. Some of the injuries that are commonly suffered in premises liability cases include:
- Muscle strains
- Torn ligaments
- Burn and scalding injuries
- Broken bones
- Spinal cord injuries
Defective or unsafe conditions on a property can even cause a victim to suffer a traumatic brain injury or wrongful death.
Types of Premises Liability Lawsuits
Surprisingly, there are a number of common situations in which a property owner may be held responsible for the injury of an occupant, visitor, or other invitee on their premises. We will go into detail about some of the most common situations.
Inadequate Building and Property Maintenance
Buildings and properties of all kinds must be properly maintained to ensure the safety of their occupants and visitors. A lack of maintenance can cause various property elements, such as appliances, electrical fixtures, ceilings, parking lots, and so on, to malfunction or pose a potential danger.
A negligent property owner can face liability if such a malfunction or hazard causes someone on their property to suffer an injury.
For example, if a significant amount of ice and snow accumulates on the roof of a building, it can then break loose and fall onto a passing occupant or visitor's head. The property owner could potentially be held liable due to their failure to maintain or correct the potentially hazardous situation.
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability and personal injury cases. The elderly are particularly susceptible to slip and fall accidents, although they can happen to people of any age.
A slip-and-fall accident can occur due to multiple hazardous conditions. Some of these could include:
- A wet, slippery, or uneven floor
- A broken or icy sidewalk
- A loose floorboard
- A defective handrail
- A defective staircase
There are many other dangerous situations above and beyond these.
Escalator and Elevator Accidents
Property owners are responsible for performing or overseeing the regular inspection, maintenance, and repair of any elevators, escalators, or moving walkways located on their premises. Malfunctioning mechanisms, faulty parts, or broken elements can lead to severe injuries or even death.
If a property owner fails to remedy any of these issues or to provide building occupants or visitors with reasonable notice of the danger, the property owner could potentially be held liable for any injuries that result from their negligence.
Swimming Pool Accidents
Sadly, the majority of swimming pool accidents involve children. According to the Centers for Disease Control and Prevention, drowning is the leading cause of unintentional injury and death in children aged one to four years. It is also the second leading cause of death in children from ages five to nine years. Further, more than 60% of fatal drownings among children up to the age of four occur in swimming pools.
Property owners are responsible for securing and supervising swimming pools on their premises. Injuries or deaths can occur due to a lack of supervision or security measures around a swimming pool.
Also, slip and fall accidents due to wet surfaces can happen near a swimming pool. And defective pool equipment, such as slides, ladders, diving boards, and drains can cause dangerous conditions.
Fire Hazards and Toxic Fume Inhalation
Property owners are also responsible for protecting occupants, visitors, and invitees to their premises from unreasonable fire hazards. Property owners may be held liable for any injuries caused by inadequate fire safety practices, such as:
- Blocking fire exits or fire escapes
- Failing to provide or mark fire exits or fire escapes
- Neglecting to correct faulty electrical wiring
- Leaving flammable debris near a heat source, causing a fire
The inhalation of toxic fumes, if caused by the negligence of the property owner, is another potential cause of a premises liability claim. Gas leaks and the use of toxic cleaning or other chemicals can lead to danger, illness, and injury if these dangerous fumes are inhaled.
Seek the Damages You Deserve — Contact a Personal Injury Lawyer
If you or someone you love has been injured on someone else's property due to the negligence of the property owner, you may be entitled to a personal injury settlement. As with all premises liability cases, preserving evidence is key.
Contact the experienced Cincinnati premises liability lawyers at Moore Law today to pursue the justice and compensation you deserve.