Types of Premises Liability Accidents and What You Should Know

Premises liability is a legal concept that plays a critical role in personal injury law. Understanding the different types of premises liability accidents can help accident victims determine whether they may have a valid claim. Property owners have a duty of care to ensure their premises are safe for visitors, and when they fail to meet this obligation, they can be held liable for injuries or damages that occur.

Our premises liability attorneys at Jacobs & Dow will explore the most common types of premises liability accidents, factors affecting liability, and the steps you should take if you’ve been injured due to unsafe property conditions.

What is Premises Liability?

Premises liability refers to a property owner or occupier’s responsibility to maintain their property in a reasonably safe condition. This duty of care obligates them to prevent hazards or provide adequate warnings to visitors about potential dangers. Failure to do so can result in a premises liability claim if someone is injured as a result.

Duty of Care Explained

The duty of care differs depending on who is visiting the property:

• Invitees (e.g., customers in a store): Property owners owe the highest duty of care to invitees, ensuring the premises are free from hazards.
• Licensees (e.g., social guests): Owners must warn them of known dangers that may not be obvious.
• Trespassers (e.g., someone on the property without permission): The duty of care is generally limited unless children are involved, in which case the “attractive nuisance” doctrine might apply.

Common Types of Premises Liability Accidents

Premises liability encompasses several types of accidents caused by unsafe property conditions. Here are the most common scenarios:

1. Slip and Fall Accidents

Slip and fall accidents are among the most prevalent premises liability cases. They can occur due to:

• Wet or slippery floors (e.g., in supermarkets after a spill)
• Uneven surfaces or loose rugs
• Ice or snow that hasn’t been cleared
• Poor lighting in stairways or hallways

Legal Considerations: To file a successful claim, you must prove the property owner knew or should have known about the hazardous condition and failed to address it promptly.

2. Dog Bites

Dog owners may be liable if their pet bites or attacks someone. This liability often depends on:

• Whether the owner knew the dog tended to bite
• Connecticut does require proving negligence with cases of dog bites.

Preventive Measures: Properly securing pets and training them can significantly reduce the risk of liability.

3. Elevator and Escalator Accidents

Malfunctioning elevators and escalators are another common source of injuries. Causes include:

• Poor maintenance or inspections
• Sudden stops
• Missing or broken parts

Owner Responsibilities: Manufacturers, maintenance companies, and property owners could all be held liable if an accident results from negligence.

4. Negligent or Insufficient Security

When security breaches lead to harm, property owners may be held responsible. These incidents often occur in:

• Parking lots
• Apartment complexes
• Hotels

Foreseeability: To establish negligence, victims must show that the owner should have anticipated the risk and taken reasonable measures to prevent it.

5. Defective Staircases and Falling Objects

Unsafe staircases or improperly stored items are common culprits in premises liability claims. Examples include:

• Loose handrails or broken steps
• Falling merchandise in retail stores

Maintenance Obligations: Property owners must ensure staircases, shelving, and other structural elements are safe for use.

6. Fire and Toxic Exposure

Fires, chemical spills, or exposure to toxic substances like asbestos can lead to serious injuries or illnesses. Common claims involve:

• Building code violations
• Failure to install smoke alarms or fire extinguishers

Liability: Owners are expected to follow health and safety codes to prevent avoidable dangers.

7. Swimming Pool Accidents

Swimming pools pose significant risks, especially when safety measures aren’t in place. Common causes include:

• Lack of fences or gates
• Slippery pool decks
• Lack of lifeguards or warning signs about depth levels

Risks and Liabilities: Pool owners are typically required to install safety barriers and comply with local regulations. Failing to do so can make them liable for injuries or even fatalities.

Factors Affecting Premises Liability

Establishing Negligence

To prove negligence in a premises liability case, victims must demonstrate:

• The property owner owed a duty of care.
• The duty was breached, such as by failing to fix a known hazard.
• The breach directly caused the victim’s injuries.

Comparative Negligence

Connecticut has comparative negligence laws, reducing compensation if the victim is partially at fault for the accident. For example, if someone was texting and didn’t notice a marked hazard, their claim may be affected.

Steps to Take After a Premises Liability Accident

At Jacobs & Dow, LLC, our premises liability attorneys are ready to assist accident victims in building strong cases. We investigate the cause of your injuries and seek full compensation for everything you’ve endured.

If you’re injured on someone else’s property, taking the following steps will strengthen your case:

1. Document the Scene

Take photos or videos of the hazard that caused your injury, such as wet floors or faulty staircases. Collect witness contact information if possible.

2. Seek Medical Attention

Even if your injuries seem minor, consult a healthcare professional. Medical records will be crucial in establishing the severity of your injuries.

3. Consult an Attorney

Premises liability cases can be complex, involving multiple parties and legal standards. An experienced lawyer can help you gather evidence, file your claim, and negotiate fair compensation.

Why Legal Help Is Crucial in a Premises Liability Accident

Premises liability accidents can lead to a range of injuries, from broken bones to spinal cord damage. Navigating the claims process alone can be overwhelming, especially when dealing with medical bills and lost wages. Consulting a skilled attorney increases the likelihood of a successful claim and ensures your rights are protected.

If you’ve been injured, don’t wait — contact Jacobs & Dow, LLC today for a consultation and take the first step toward pursuing justice.