Premises Liability
Premises Liability Attorneys
Safe Businesses Protect Customers From Injury
Premises liability is an area of the law that seeks to provide individuals with certain protections while on the premises of another entity or individual. Often these cases arise after an individual has been injured on the premises of a business. Premises liability cases are a unique form of personal injury case that often include damages similar to those in car accident and product liability cases.
Businesses profit from the presence of potential consumers or clients on their premises. When retail companies have customers coming through the door and spending time on their property, that along with other factors will usually indicate that the business is in a healthy state of growth. Businesses and business owners want to attract more traffic at their stores and property to ensure that sales are being developed and store or brand awareness is achieved.
These efforts taken by a business to bring more customers to their property must be accompanied by efforts to ensure that their time on the property is not met with unreasonable danger. It is incumbent on business owners to ensure that their property is free of dangerous conditions that could cause an injury to unsuspecting customers. The acts taken to address these dangers must be handled with a certain degree of care.
Evidence In Premises Liability Cases
There are factors inherent in premises liability cases that certainly make them different from other forms of personal injury claims. Much of this has to do with the evidence that may be used to seek damages and prove a case.
Security Camera Footage
As surveillance and camera technology continues to develop, it also becomes increasingly affordable for business owners to equip their premises with cameras. These security camera are often positioned to record the movement and actions of customers who may visit the store. When someone is injured on a premises that has a security camera present, there is a chance that the camera recorded the actual event that caused the injury.
It is important for purposes of a personal injury premises liability claim that the footage be requested soon after the injury occurred. Often times these cameras do not actually record the footage for long periods, and will instead delete the recording after a set period of time. This footage would obviously be incredibly relevant and helpful for evaluating a premises liability claim, and therefore an injured plaintiff should request a copy of the footage soon after the incident was caught on the security camera. Having the footage of the incident would defend against disputes in the plaintiff’s theory of liability.
Evidence From Scene of Incident
Many premises liability claims arise from a customer coming into contact with a dangerous or hazardous object or material on the premises. For example, a worker may drop a sharp object on the floor that is positioned in a dangerous manner and poses a risk to customers that do not notice it. If a customer then comes into contact with that object and is cut or otherwise hurt, the sharp object itself is an important piece of evidence. This can apply to other materials such as fluids. If an injured plaintiff slips in a materials or liquid that is on the floor, residue from that fluid would likely still be present once they were off the floor. It may even be found on their clothing. Taking photos of the residue itself may also prove to be important evidence to take from the scene of a premises liability incident.
Premises Liability Theory of Liability
The variation in premises liability cases usually arises due to the nature of the injury incurred. With each case, there will be something that the plaintiff seeks to assert was the specific component that led to the injury. With each type and form of premises liability cases, the evidence that must be presented to prove the case will be different, and the defenses raised by the business will varied as well.
Common premises liability cases
Inherent Danger;
Negligent Supervision;
Negligent Hiring;
Ice and snow; and
Wet and slick ground conditions.
Why Hire Fletcher Law Office for a Premises Liability Case?
The attorneys at Fletcher Law Office, LLC have a wealth of experience in premises liability cases that we employ in each and every case regardless of the size or severity of the case. Our law firm is well equipped to handle premises liability cases and the injuries that may have been sustained as a result. Reach out to Fletcher Law after an accident for a free consultation on your case. We will give it our full attention and evaluate your case with integrity and honesty.
