Premises Liability Lawsuits: What Types Of Cases Can I File?
Premises liability lawsuits are slightly more complex than other sorts of lawsuits. That’s because the plaintiff must prove that the defendant was negligent. Negligence takes on a very specific meaning in premises liability lawsuits. It denotes that the property owner either had foreknowledge that a dangerous condition was on the premises, or foreknowledge that a dangerous condition could emerge if left unattended. Alternatively, you can prove either by showing that the defendant created the dangerous condition. In this article, we’ll discuss the types of premises liability lawsuits routinely filed by plaintiffs.
Walmart-type slip, trip, and fall lawsuits
Walmart is the heavyweight champion of slip and fall lawsuits. With 1% of America’s population being employed by Walmart, it is the largest employer and department store chain in the country. It sees billions of customers yearly, and the law of averages says that mishaps will happen.
Slip, trip, and fall lawsuits occur because Walmart employees fail to clear aisles or walkways of debris. If the plaintiff can prove that the dangerous condition was left unattended, they can win their lawsuit against Walmart. Parking lot and sidewalk injuries can also be placed into this category.
Landlord liability lawsuits
Landlord liability lawsuits generally involve claims that a landlord failed to remedy a dangerous condition. The rules for negligence are the same. The landlord must either have been told about the problem, or they would have caught the issue had they conducted inspections as required by law. Landlord liability lawsuits can be filed by both tenants and their guests, although guests have a weaker claim than tenants would.
Negligent security lawsuits
Negligent security lawsuits are generally filed against bars, clubs, or other entertainment establishments, but can also be filed against landlords or any place where people gather. The plaintiff claims they were assaulted or injured on the premises due to a lack of security. The plaintiff must prove that the owner shirked their duty of care to add security to the property after incidents of violence. This proves foreknowledge and negligence.
Amusement park liability
This is where it starts to get a little complicated. The other types of case are all clearly premises liability. However, if you are injured on the grounds of an amusement park, you can file either a premises liability lawsuit or a product liability lawsuit depending on whether or not you were injured on a ride. If you were injured on a ride, you file a product liability lawsuit. If you were injured some other way, you file a premises liability lawsuit.
Trespassers are owed almost no duty of care by property owners. Unless the property owner sets up a diabolical trap to harm potential trespassers, the owner is in the clear. However, a trespasser may file a lawsuit if the owner intentionally attempted to harm them with a trap.
One other exception to trespassers involves children being drawn to places with “attractive nuisances”. A property owner could be held liable for a dangerous area that draws bored children who are eventually injured.
Talk to a Port St. Lucie & Stuart Premises Liability Lawyer Today
If you’ve been injured on someone else’s property, call the Port St. Lucie personal injury attorneys at Eighmie Law Firm to schedule a free consultation and discuss the circumstances surrounding your injuries in more detail.