Premises liability claims include many types of claims that people often do not think of. The most common type of premises liability claim that people often think of is slip and fall cases or trip and fall cases. The most common example being a grocery store that fails to keep its aisles clean and a paying customer slips on a spilled substance as a result. These types of premises liability incidents can occur anywhere such as a restaurants, stores, and job sites.
Property owners have a legal obligation to monitor their premises for any potential dangers that could cause an accident. But any dangerous condition on a property can fall under a premises liability claim.
Some conditions that may result in a premises liability claim include:
- Slippery or wet floors
- Broken, damaged, or uneven stairs
- Uneven or loose flooring
- Loose electrical wires or other obstructions
- Limited lighting, which can prevent individuals from seeing hazards
- Potholes or other broke or damaged concrete
These are common causes of premises liability claims that result from a property owner’s inability to provide a hazard-free property. There are other less common examples such as businesses failing to provide adequate security from crimes that cause injury or even allowing a sexual predator to be on the premises to abuse, assault, or injure others—when the property owner was aware or should have been aware of the risk.
There are numerous other dangerous conditions that can lead to injuries and damage of individuals, and it is the responsibility of the property owner to inspect their premises in a reasonable manner to be aware of such risks. Under Texas law though, a property owner has no responsibility to warn or make safe a condition that is open and obvious such that the injured person should have been able to appreciate the danger. The property owner will almost always use as a defense that the condition that caused the injury was open and obvious—this is why gathering the correct evidence to combat this theory is critical.
Common Injuries Sustained From Premises Liablility Incidents
Injuries obtained because of a property owner’s negligence can often be quite serious.
Common Injuries due to dangerous conditions on someone else’s property include:
- Spinal injuries
- Head injuries
- Fractured bones
- Herniated discs
- Dislocations of joints and bones
- Internal bleeding
- Chronic pain Death
These are just a few examples of the type of injuries that can be caused by a property owner’s failure to maintain a safe and hazard free environment. Injuries of this nature take substantial time and money to heal, and often lead to future financial loss as well as physical pain and mental anguish.
