Premises liability cases are those kind of cases where someone suffers an injury on the “premises” of another, due to the negligence of the person/company that owns or operates the premises. The premises could be a residence such as a house or apartment, or a business such as a restaurant or grocery store, or a government location such as a courthouse.

Those who own/lease property have a responsibility to make it safe for their guests, visitors and customers. That means keeping the property safe from any known dangers or other conditions that can cause injury to people.

One of the most common premises liability cases is a “slip and fall” or a “trip and fall” where the guest or customer slips on a substance spilled on the floor or trips over an item and falls resulting in an injury.

Is a property or store owner liable simply because someone falls or trips and injures himself? The answer is NO.

Before the property or store owner can be held liable, you must prove that they knew or should have known of the dangerous condition. For instance, if a person slips in some water at a fast food restaurant, that does not mean the restaurant is liable. It is possible that another customer spilled something on the floor just a few moments before the person slipped in it, or it is possible that whatever it was on the floor could not have been seen by store employees.

It is common for businesses such as restaurants, grocery stores, retail stores, and home improvement stores to have video cameras recording the comings and goings of customers and employees. So if you or a loved one falls or is hurt in a business of any kind, make sure to request in writing that the business either produce or preserve the video tapes for that day.

It is also common for a business manager to complete an accident report, and you should also request in writing a copy of that report.

Some homeowners and businesses have insurance policies that provide med-pay or “no fault” coverage, which may pay some of your medical bills even if the homeowner or business not at fault.

So if you are injured on someone else’s property, you should ask:

1. if they have no-fault or med-pay insurance coverage,
2. for a copy of the accident report, and
3. that video tapes be produced or preserved.

If you or a loved one has been injured on someone else’s property, contact me today for a free consultation. There is no charge to talk to me and you will be under no obligation to hire me. When I represent a person who has been injured on someone else’s property, my work is done on a contingency fee basis. That means that I don’t get paid unless and until my client gets money either through settlement or jury trial.