We’ve all heard the phrase that “accidents happen,” but often times accidents can be avoided when proper precaution is taken. David Greene from Greene & Phillips joined us to discuss cases involving premise liability.
The following questions and answers were provided by Greene & Phillips:
What exactly does premise liability mean?
Premise liability is a term that describes the responsibility of a property owner to warn invited visitors or guests to possible dangers on the property. Say an owner of an apartment complex has decided to replace the banister of the second story apartments. He loosens the banisters, then he has the duty to put up a sign alerting residents and guests that the banisters are loose, so that someone doesn’t use the banister with the reasonable expectation that it will support their weight, resulting in an injury.
What are some types of cases where premise liability is involved?
Slip and fall, where there is liquid or something slick on the floor and the victim slips on it and falls. Sometimes a building will have a area of the floor that is uneven or has a large defect that could be a tripping hazard, resulting in a trip and fall cases. Also, injury cases that involve swimming pools, escalators, playground equipment, etc.
Are premise liability cases more difficult than car wreck cases?
They often are much more difficult than auto accident cases because it can be very difficult to prove that the fall and injury was the result of the property owner’s negligence. The burden of proof is very high.
What kind of evidence can help a premise liability case?
Take photos and video with your phone camera. Witnesses are also extremely helpful.
What about security cameras, can they be used to help your case?
Often the store or premise will have closed circuit video cameras which will have footage that can be retrieved. A lawyer will be able to get access to these files. Businesses have retention policies that after a certain period of time, they will delete old footage to make room for more footage. In this case, it’s very important to get a lawyer involved so that they can secure these recordings to help your case.
What should a victim of this sort of accident do?
Make sure to alert the property owner or store manager of the incident, seek medical attention, don’t talk to the other party’s insurance company, and contact a lawyer immediately that deals with this sort of accident.
If someone has questions about what to do after an accident, how they can contact Greene & Phillips?
Call us at 300-2000, or come by our office anytime on Florida Street. We always have an attorney available to speak with you.