While some slip and fall instances only cause minor injuries, the reality is a slip and fall can cause debilitating and painful injuries. The motion involved in a slip and fall puts the entire neck and back at risk, potentially causing serious injuries to the nerves, muscles, and bones in the spinal column. These accidents can also cause brain injuries as the head comes into contact with the floor. Because of the potential for severe injuries, it’s absolutely necessary for commercial properties to keep floors free of any liquids that could cause a fall. Unfortunately, not all businesses exercise appropriate safety practices and accidents occur. But, slip and fall cases aren’t as simple as many people think. Here are a few things you need to know about premises liability cases.

Open and Obvious Conditions vs. Dangerous Conditions

In nearly all slip and fall cases, the negligent party will try to claim the condition that caused the accident was open and obvious rather than a dangerous condition. Under premises liability law, if the condition that caused the accident would have been open and obvious to a reasonable person, then the property owner is not liable for the resulting injuries. We all come across open and obvious conditions regularly and almost instinctively take action to avoid the conditions. For example, if you are walking through a grocery store parking lot in the winter, it’s likely you might spot some ice on the ground and walk around or step over the ice to avoid slipping.

However, many property owners and their insurance companies will try to use the “open and obvious” concept for conditions that are not really open and obvious. If a condition is not open and obvious to a reasonable person, then it is considered dangerous, and property owners can be held liable for injuries it causes. 

Comparative Fault in Illinois and Missouri 

In both Illinois and Missouri, comparative fault could play a large role in your slip and fall claim. Many property owners and their insurance companies will try to assign blame to the victim and courts can find victims to be partially at fault for their injuries. If a victim is found 20% responsible for their slip and fall accident, then the negligent party is only responsible for paying 80% of the victim’s total compensation. This is referred to as comparative fault. In Illinois, victims found over 50% at fault for their accidents cannot recover anything. Without an experienced personal injury lawyer by your side, the other party will try their best to assign as much fault to you as possible to limit their own payout.

Get Help With Your Slip And Fall Claim

At The Glisson Law Firm, we’ve helped many victims with slip and fall claims. We know the tactics the other side is going to use to try to get out of paying for your injuries, and we work aggressively to make sure you get the maximum amount of compensation. Call us today to schedule a free consultation to discuss your case.

Most people think premises liability cases are only slip and fall accidents. While slipping on a spill in a grocery store certainly is a type of premises liability accident, there are many other types of premises liability accidents to be aware of. Property owners have a responsibility to keep visitors reasonably safe from harm, and this goes far beyond cleaning up spills.

What Is An Attractive Nuisance?

One common type of premises liability claim involves an “attractive nuisance,” and it applies specifically to children. An attractive nuisance is an object on the property likely to attract children, which carries the risk of causing them injury. Property owners are responsible for protecting children from attractive nuisances. The most common type of attractive nuisance is a swimming pool (full or drained), but others include old buildings, farm equipment or machinery, wells, and even stairs. Really anything that could be attractive to children could be considered an attractive nuisance. The best way to protect children from an attractive nuisance is to move the nuisance out of view or put up a fence to keep children out.

Premises Liability Includes Security

Certain properties are at an increased risk for crime. Places like parking garages, nightclubs, and apartment complexes experience more crime because they contain a high concentration of people and valuable property. For owners of these buildings, keeping visitors safe from harm includes undertaking any necessary security measures, including the installation of outdoor lights and/or video cameras and employing security guards. If a property owner does not implement necessary security measures and a visitor gets assaulted, robbed, or otherwise harmed, the property owners can be held responsible.

Property Maintenance Accidents

Property maintenance is often the cause of premises liability incidents. Property owners are responsible for maintaining their properties so they do not present a danger to visitors. Balconies, railings, and even sidewalks can be incredibly dangerous if they are not properly maintained and kept up to code. Balconies and railings can fail, causing collapse and uneven or broken sidewalks can cause someone to trip and fall. Properly maintaining properties is particularly important for apartment complexes and condos.

Get Help With You Premises Liability Claims

If you have been hurt on someone else’s property, you likely have many questions. Premises liability claims can be complicated, so The Glisson Law Firm offers free consultations to help victims understand their legal rights. We can analyze your situation and help you pursue compensation. Call us today to schedule a consultation to discuss your premises liability claims.

Have you ever seen a spill in a grocery store or an uneven walkway in an apartment complex? These are dangerous conditions; and, while you might not think much of them, they can cause serious injuries. Slipping on a liquid could cause back injuries and tripping on uneven walkways could cause someone to hit their head. People often aren’t able to see these hazards until they’ve suffered an injury as a result of them. Many victims of these accidents are unaware that they can take legal action based on the legal concept of premises liability.

What Is Premises Liability?

Premises liability is a legal concept that assigns responsibility to property owners to keep visitors reasonably safe from harm. When property owners neglect this responsibility, they can be held responsible by filing a personal injury lawsuit.

Who Does Premises Liability Apply To?

If you own property, premises liability can apply to you. However, most cases of premises liability involved grocery stores, parking garages, apartment complexes, and other commercial buildings. While residential property owners are responsible for keeping visitors safe, commercial building owners and occupiers typically have a much larger number of visitors who visit the properties for a reason that financially benefits the occupants, heightening their legal duty.

What Is Duty of Care?

Property owners are expected to exercise reasonable care in the ownership and maintenance of their property with respect to anyone who might visit the property. This means if any dangerous conditions exist on the property, the property owner has to warn visitors of the dangers beforehand. Property owners can do this by providing warnings and posting the appropriate signs, among other things.

What Kind of Dangerous Conditions Fall Under Premises Liability?

Slip and fall cases account for some of the most common premises liability lawsuits; however, there are many other types of premises liability cases. For example, the owners and managers of structures like apartment complexes and parking garages are responsible for providing adequate security to protect visitors from crime. Also, construction sites are expected to post all appropriate warning signs because visitors could be injured by a variety of hazards like falling objects, live electrical wires, and dangerous chemicals, among others.

Experienced Premises Liability Lawyers

For victims of negligent property owners, hiring an experienced premises liability lawyer is the only way to ensure property owners are held accountable. The Glisson Law Firm has helped scores of victims of negligent property owners with their premises liability claims. Call us today to schedule a free consultation to discuss your case.