Have you been injured on someone else’s property, or at their place of business? If your injury was caused by some type of unsafe or defective condition on someone’s property, you might qualify for compensation. The majority of personal injury cases are based on negligence, and premises liability cases are usually cases of negligence with respect to maintaining one’s property. To win your premise liability case, you must prove that the property owner was negligent in their to ownership and/or maintenance of the property. Let take a closer look at premises liability cases and see if you may qualify for legal compensation.
Types of Premises Liability Cases
There are many different types of personal injury cases that can be classified as premises liability cases.
- Slip and fall cases
- Snow and ice accidents
- Inadequate maintenance of the premises
- Defective conditions on the premises
- Inadequate building security leading to injury or assault
- Dog bites
- Swimming pool accidents
- Amusement park accidents
- Toxic fumes or chemicals
- Water leaks or flooding
The Property Owner’s Duty of Care
In Arkansas, property owners must exercise reasonable care in ownership and maintenance of the property with respect to all persons who might enter the property, with the exception being trespassers. An “invitee” is someone who has the landowner’s permission to enter the property. Typically this would be a customer at a business, or someone there with direct permission of the owner. Usually there is some type of benefit to the owner for the person being. An example would be a customer coming to a store to shop, or a restaurant to eat.
A “licensee” is someone who has the landowner’s express or implied permission to enter the property but is coming onto the property for their own purposes. Salespeople are a good example of a licensee. Landowners are still responsible for the safety of licensees on their property.
Examples of Premises Liability Cases
The slip and fall is probably the most straightforward example of a premises liability case. It occurs when someone slips or trips, and falls on someone else’s property. Common conditions that lead to a slip and fall case include:
- Defective staircases
- Over accumulation of ice and snow
- Wet floors
- Oily floors
- Hidden extension cords
Poor building security is another typical premises liability case. These cases typically happen in apartment buildings or offices. For this reason, apartment buildings and offices usually have doormen or security guards on the first floor. If someone breaks in or walks through an unlocked door and assaults or kills someone inside the building, there may be a premises liability case.
Night clubs and bars likewise owe a duty to their customers to provide reasonably safe premises. Our firm has successfully represented patrons of bars and nightclubs who were injured and killed by a lack of adequate security. Often times the bouncers attack or injure a patron, or fail to provide appropriate security staffing where customers are injured in fights or assaults. Places, where alcohol is served, have a heightened duty simply because of the dangers of overserving.
Swimming pool accidents usually involve young children and an unsupervised or unsecured pool. If someone leaves their pool open and unguarded, they may be responsible legally for any injury or death that occurs in their pool.
Arkansas Premises Liability Lawyer
If you’ve been injured or have had a loved one die on someone else’s property due to the property owner’s failure to maintain a safe property you may be able to get legal compensation for your loss or injury. Contact Daniels Law Firm today, tell us your story, and we’ll let you know if you have a good case to get compensated.
CALL (479) 521-7000