Premises Liability: More Than Slips & Falls

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.

Tips for Property Owners

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

Tips for Consumers

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.

What to Do if You Are Injured

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.