Premises Liability refers to a legal concept that holds a property owner responsible for injuries on their property. Property owners can reduce or eliminate claims against them by maintaining basic safety standards such as:
• Proactively watching for and eliminating slip or trip hazards
• Proactively making repairs to railings, walkways and stairs
• Actively maintaining damaged ceilings and floors
• Cleaning and repairing equipment and venting
• Reducing, containing, and/or eliminating hazardous conditions
Gross negligence is when an action falls substantially below what is considered reasonable for any given situation. It often also implies lack of action, while also knowing there was a negative consequence. There are very stiff penalties for this.
Beyond financial penalties, there is a human concern, and as a property owner, you must take proper care to avoid injuries on your property. Avoid lawsuits and claims of negligence by:
• Proactively maintaining your property
• Proactively monitoring and responding to safety concerns
• Performing regular inspections
• Setting high safety standards
• Implementing security measures
More specifically, address issues such as:
• Repairing raised concrete cracks
• Eliminating rug or carpet warping or tears
• Securing fixtures both indoors and outdoors to prevent falling hazards
• Properly blocking off unsafe areas, including using appropriate signage
• Providing proper staff safety trainings
When you are running errands and living life, you have a reasonable expectation of safety, however being aware of your surroundings will help you avoid the most common injuries. Losing work, or your ability to enjoy your favorite activities due to an injury isn’t something anyone wants to deal with.
Remember, you have a responsibility to show that the injury sustained was due to a known hazard the property didn’t address and that you also acted with appropriate action, such as not knowingly walking into an unsafe condition.
To prevent injuries:
• Stay aware of your surroundings & REPORT unsafe conditions.
• Watch for slippery conditions and avoid them.
• Check for trip hazards, especially if you are carrying items that can limit your view.
• If you feel unsafe or uncomfortable, leave the situation.
• Don’t trespass or enter areas marked for limited accessibility.
• Report unusual scenarios such as broken water pipes, sinkholes, or vandalism.
• Avoid construction zones.
Take responsibility for your health, wellness and safety, not only for yourself but your loved ones as well. If despite your best efforts, you find yourself injured, through no fault of your own, or due to someone else’s negligence or intentionally harmful behavior, contact an experienced premises liability lawyer to discuss your rights.
If you have been injured:
Get help.
Call 911 if possible and get the medical attention you need.
Report the problem.
Secondly, report the problem that resulted in injury so it can be remedied without additional injuries to others.
Document.
Document what happened and what led up to the injury. Document the severity of the injury including a timeline of what symptoms began and when. Often in personal injury, some problems are immediate, while others take time to develop. Keeping a record of these will help with remembering later when you meet with your doctor and when you file your personal injury claim to be compensated for your damages and injuries.
Take Photos.
If possible, take photos of the condition that resulted in your injury as soon as possible. The situation could change before you have seen a doctor, especially in a slip and fall where the ice may have melted or the slippery conditions have been remedied. If needed, ask the emergency personnel or witness to snap several photos for the incident report.
Injured because of someone’s negligence or carelessness? We can help. For more information about Premises Liability and holding a property owner responsible for your injuries, please contact the Denver personal injury lawyers of Hull & Zimmerman, at (303) 423-1770.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More