Negligence & Dangerous Premises
Private and public premises can be unsafe for a variety of reasons, many of which can result from the responsible parties failing to take “reasonable” care to keep their properties safe.
Such reasonable care can involve promptly repairing or rectifying safety issues that owners or managers have been aware of. It can also involve situations in which a responsible party should have been aware of some risk of danger because a “reasonable” person in the same situation would have been aware of it.
Some specific examples of how negligence can make properties unsafe and cause accidents include (but are by no means limited to) owners, landlords and/or property managers:
- Failing to clean up spills or pooled liquids on floors
- Failing to keep walkways free from hazards, such as objects or cords left in walkways
- Failing to repair uneven flooring, loose carpet and/or holes in flooring
- Failing to fix broken stair railings or stair rungs
- Failing to provide adequate lighting in stairways, parking areas or other necessary areas
- Failing to provide sufficient security, such as locking doors, to keep people on the property safe
- Failing to prevent the people visiting a property from being exposed to toxins
- Failing to warn people about the known risks or dangers associated with a property
- Failing to promptly and appropriately fix any problem that makes a property unsafe.
Types of Premises Liability Claims
Some of the most common types of premises liability claims include (but are by no means limited to) those involving:
- Slip and fall accidents
- Swimming pool accidents
- Animal attacks, including dog attacks
- Exposure to toxins
- Stairway, elevator and/or escalator accidents.
Liability for Slip and Fall Accidents
When any form of negligence contributes to slip and fall accidents, where the accident occurred will be crucial to establishing who may be liable for it. In general, however, the party responsible for a slip and fall accident may include (but may not be limited to):
- A building owner
- A building manager
- A landlord
- A homeowner
- Another party, such as a cleaning company or a flooring manufacturer.
When People Cannot Sue for Premises Liability
While being hurt on someone else’s property can be grounds for a premises liability claim, it is not possible to sue a building owner, manager and/or landlord when the injury resulted from:
- Trespassing – In other words, the injured person must have had a right to be on the property in order for a premises liability claim to exist.
- The injured person’s negligent behavior – When people are injured on others’ property as a result of their own careless or reckless behavior, they can’t sue others to allege their dangerous property conditions harmed them.
Slip and Fall Accidents: The Facts and Statistics1
- Although slip and fall accidents can result in any number of injuries, including strains and sprains, bone fractures are the most severe slip and fall injuries.
- About 5 percent of slip and fall victims sustain bone fractures.
- Each year, flooring and floor materials play a role in causing about 2 million slip and fall accidents in the U.S.
- Slip and falls are a leading cause of lost work days and workers’ compensation claims in the U.S.
- While about half of all accidental deaths that occur at home are the result of falls, many of these involve falls on the same level (as opposed to from an elevation).
Contact an Experienced Denver Personal Injury Attorney at Bell & Pollock, P.C.
If you have been injured as a result of the unsafe conditions at any public or private property, you can turn to a Denver personal injury attorney at Bell & Pollock, P.C. for experienced help advocating your rights and pursuing justice.
To find out more about how we can help you, call us at (303) 795-5900 or email our firm using the contact form on this page to schedule a free initial consultation with one of our lawyers. During this meeting, you will receive clear, honest legal advice about your case, your rights and your best options for moving forward.
1: According to the National Floor Safety Institute, a non-profit research organization