Premises Liability a Summertime Concern

When people think of premises liability, they often think of winter hazards, such as icy sidewalks, snowy parking lots, and slippery steps. But property owners can also be held liable for injuries caused by summertime hazards, such as an uneven sidewalk, a loose porch railing, or even a decorative lawn ornament.

Premises Liability Law

Accidents leading to premises liability lawsuits can happen almost anywhere. In the summer, these types of accidents tend to occur in areas frequented by tourists, such as hotels, motels, and theme parks. Some of the most common types of accidents and situations that may be considered premises liability include:

• Slip and falls
• Animal bites
• Inadequate or negligent security or lighting
• Falling objects
• Escalator or elevator accidents
• Pool drowning
• Construction site accidents
• Playground accidents

Property owners are required by law to maintain their property and protect certain visitors from injury. An owner’s failure to take care of known problems or warn visitors about potential hazards sometimes leads to serious injuries and liability for those injuries.  The visitor must use the property normally, however, and if they get hurt while acting in a dangerous, careless, unexpected, or unauthorized way, the property owner will likely not be held responsible.

Some of the damages that property owners may be held liable for in premises liability cases include:

• Present and future medical expenses
• Loss of income
• Diminished earning capacity
• Pain and suffering
• Loss of enjoyment of life

Although many people think if they get hurt on someone else’s property they automatically have a premises liability case, this is not always the case. The burden is on the claimant to prove that the  injuries were caused by a dangerous condition on the property, the landowner had notice of the condition but failed to act.  While such, claims can sometimes be tough to prove, an early proper investigation makes recovery in these claims much more likely.