Today we are discussing premises liability cases with attorney Colin F. Diamond. Premises liability cases can involve slip-and-fall injuries, snow and ice-related injuries, animal attacks and any other injury that may occur on someone else’s property. The lawyers at Law Offices of Mathys & Schneid, believe in seeking justice when the negligence of a property owner causes immense harm.
Question 1: What exactly is Premises Liability?
Colin: Premises liability is protection under the law for people who are injured due to unsafe conditions on a property. When an injury occurs on a commercial or residential property that was caused by the owner’s or manager’s negligence, including failure to keep the premises reasonably safe, failure to follow common building codes, or failure to follow common safety standards, the law allows for financial recovery for the injured person’s medical bills, lost wages, pain and suffering, and loss of normal life activities.
Question 2: Premises Liability incidents are common this time of year, can you explain why?
Colin: In the Winter, common premises liability incidents involve accumulations of ice near entryways and exits of commercial buildings that cause patrons to slip and fall, sometimes causing very serious injuries. Other common incidents involve rolled or lumped weather mats inside store entrances that can catch a patron’s feet and cause a traumatic fall. In the warmer months, common premises liability incidents involve defects in the sidewalks, curbs, and parking lot surfaces (potholes) that can cause patrons to trip and fall and sustain serious injury. Year-round, common incidents involve objects or liquids on the floor surface that cause people to slip and fall to the floor.
Question 3: What are some of the most common types of injuries you see?
Colin: Premises liability incidents commonly involve orthopedic fractures, such as fractured ankle, fractured knee, fractured hip, fractured wrist and fractured arm. Premises liability incidents can also lead to concussion, skull fracture, traumatic brain injury, and even wrongful death.
Question 4: Is there any advice you’d like to give?
Colin: If you experience an injury on somebody else’s commercial or residential property, it is important that you, or someone on your behalf, report the incident as soon as possible, whether by telling a store employee, the responding paramedic, the police, or somebody else. If possible, you, or someone on your behalf, should try to get photos of the area where the incident happened as soon as possible. Most commercial properties have video security systems that record throughout the day, so it is very important to contact an attorney immediately after a premises liability incident so the attorney can formally request a copy of the video of the incident for the legal case before the video is erased.