Three Types of Premises Liability Cases That Might Surprise You
by
Accident & Injury Personal Injury
Summary: One of the most common types of lawsuits is premises liability. A premises liability lawsuit is intended to hold the property owner responsible for any damages that come from an injury that occurs on a person’s or entity’s property. In every U.S. state, property owners must make a ‘reasonable’ effort to keep a safe environment for visitors, customers, etc.
Three of the more common types of premises liability cases that might surprise you are outlined in this article: bar fights, dog bites, and falling merchandise. If you have been injured in one of these situations on someone else’s property, talk to a personal injury attorney in your state about legal options.
Bar Fights
Bar fights are a common premises liability case because physical altercations are common when alcoholic beverages are being consumed. If you are in a bar and are injured in a bar fight through no fault of your own – if you were attacked by another party or you were injured in an altercation not involving you, for example – it is possible to make a legal claim against the bar or nightclub.
To win a case against the bar for your bar fight injuries, you must prove the establishment was negligent in some fashion, and this negligence led to your personal injuries. You can do this if you can show that the bar failed to provide adequate security for customers. A bar is required to provide enough security to ensure the safety of guests.
Also, a bar has a legal obligation to monitor the alcohol consumption of customers. If it serves alcohol to a person who was obviously intoxicated, and this person injures you in a fight, this is strong evidence of negligence.
Dog Bites
More than 800,000 Americans are treated for dog bite injuries annually. Depending upon the circumstances and the laws of your state, dog owners usually are held liable if their dog injures you. This means the dog owner may have to pay you for the damages you suffer from the dog bite injuries, including:
- Medical costs
- Pain and suffering
- Lost wages
- Any property damages that occurred
- Punitive damages if the conduct of the pet owner was reckless.
To determine who is responsible for the dog bite injury, it is necessary to know who the owner of the animal is. Some states have a ‘strict liability’ standard for owners of animals that bite others. In this case, the dog owner is legally responsible for the bite, whether or not the owner did anything wrong regarding protecting other people from being attacked. Even if the owner did not know the animal could bite, he would still be liable. Other states hold that the owner can only be held liable if the owner knew or should have known the dog was dangerous.
Falling Merchandise
Falling merchandise injuries and deaths happen more than people might think. One of the most common places for falling merchandise injuries is stores, such as grocery stores, department stores and warehouse stores. It is commonplace for merchandise to be stacked too high and for them to fall on customers below. When a falling object causes a personal injury, you may file a lawsuit if you have injuries. Common scenarios include:
- Merchandise was improperly stacked on high shelves.
- Products were stacked too high to be safe.
- Products were improperly secured when they were sacked.
- Unsafe equipment was used to take items from upper shelves.
Your personal injury attorney will work with you to prove that the store was negligent in how its merchandise was stored, and this negligence led to your personal injuries.
Summary
These premises liability cases are some of the most common personal injury lawsuits in the U.S. If you have been injured in one of these or any type of premises liability scenario, talk to a personal injury attorney to determine your next legal steps.