Premises liability lawsuits involve an injury which is sustained on another person's property as a result of a dangerous or defective condition which is allowed to exist. Other names of premises liability claims include slip-and-fall and trip-and-fall cases. When you fall and sustain an injury on another person's property, the property owner is not automatically responsible for your injuries. You must establish that the property owner was negligent and therefore liable for the damages you suffered as a result of your injury.
Property owners, including home owners, business owners, and landlords, have a duty to people who come onto their property to protect them from dangerous conditions or defects which may cause a slip-and-fall or trip-and-fall injury. They owe a duty to use reasonable care to see that those portions of the property which the visitor is likely to use are safe.
While there is no duty to warn of open and obvious hazards which exist, if the visitor's conduct was not unreasonable under the circumstances, the property owner may be liable for a defect on the property which causes an injury.
Common examples of circumstances leading to this type of case include snow or ices which is not properly removed or treated, foreign substances on a floor or walkway - such as liquid from a leak or spill, uneven or dangerous walking surface - including a rug, cord, or other object which creates a hazard in a walkway or path, and deteriorating material in walkway areas and steps (like rotting wood or broken concrete or pavement). Other instances of potential liability involve inadequate warnings, such as the existence of damp or wet floors from cleaning operations in a store or business.
The facts and circumstances of each case are unique and should be analyzed by an attorney experienced in this type of litigation.
The personal injury lawyers at Kirkwood & Rogers, P.A. represent people who have suffered serious injuries resulting in permanent disabilities from slip-and-fall and trip-and-fall cases arising from an injury on the property of another in Maryland, West Virginia, and Pennsylvania.
To review a potential injury claim for yourself, a friend, or family member, call us to request a free consultation to determine if you may have a claim. There are no fees or expenses unless we win your case. However, be aware that every case has a time limit, so it is important to act promptly after an injury in order to make sure your legal rights are protected.