Public spaces such as shopping centers, parks, and recreational facilities are integral to modern life. We visit them regularly, whether for errands, dining, or relaxation, trusting that they are maintained with our safety in mind. However, what happens when the safety of these spaces is neglected?

The answer often lies in the legal concept of premises liability. This area of law addresses the responsibility of property owners to keep their premises safe for visitors.

What is Premises Liability?

Premises liability is a key legal principle that makes property owners responsible for maintaining a safe environment on their premises. If an owner neglects this duty and someone gets injured as a result, the injured party may have a right to seek compensation.

Property Owner’s Duty Under Premises Liability Law

Forbes explains that property owners’ obligations can differ based on the visitor’s legal status on the property. In many states, the duty owed to a visitor differs based on whether the visitor is an invitee, licensee, trespasser, or child.

  • Invitees are those who visit for business purposes, such as shoppers or restaurant patrons. Property owners owe the highest duty of care, requiring regular inspections, hazard repairs, and clear warnings for known dangers.
  • Licensees are guests who enter a property for their purposes, such as friends visiting a home. Property owners must warn licensees of known dangers, but they are not obligated to inspect for hazards as rigorously as they would for invitees.
  • Trespassers, while on the property without permission, are still owed some level of care. Owners cannot create dangerous conditions to intentionally harm trespassers and may need to warn about certain hazards, especially if trespassing is common.
  • Children fall into a special category. Children may not recognize certain dangers or might be attracted to hazardous objects like pools or trampolines. Therefore, property owners must take extra precautions, such as securing these areas to prevent harm.

How can I protect myself from premises liability claims?

To protect yourself, regularly inspect and maintain your property, fix any hazards, and ensure proper safety measures are in place throughout. Keeping thorough records of maintenance and repairs can also help demonstrate that you are diligent in addressing potential risks.

Slip and Fall Accidents: A Leading Cause of Premises Liability Claims

According to the National Flooring Safety Institute, around eight million people visit emergency rooms annually due to falls. Of these, 12% are slip and fall incidents, which account for one million ER visits. These accidents often occur in grocery stores, shopping malls, and parking lots, where wet floors, uneven surfaces, or poorly maintained walkways create hazards.

Injuries from slip and fall accidents can range from broken bones and concussions to long-term disabilities, making them a significant concern. Property owners are expected to maintain safe conditions and address potential hazards promptly to prevent such accidents.

Comparative Fault in Premises Liability Claims

In some cases, the injured party may share responsibility for the accident. Many states use comparative negligence rules, allowing injured parties to seek partial compensation. This is possible as long as they are less than 50% or 51% at fault, depending on the state.

However, a few states follow contributory negligence rules, which bar any compensation if the injured party is even partially responsible for the accident.

How does contributory negligence differ from comparative negligence?

Contributory negligence is a stricter rule. If the injured party is found to be even partially at fault, they may be barred from recovering any damages. Comparative negligence, on the other hand, allows for partial recovery based on the degree of fault.

Premises Liability in Real Life: Examples of Negligence

The concept of premises liability is vividly demonstrated through real-world cases involving property owners’ responsibilities to maintain safe environments. Consider the incident at the Narrows Shopping Center, which underscores the importance of addressing hazardous conditions.

Valerie Meade experienced a severe accident when her vehicle struck a water-filled pothole in the parking lot of the Narrows Shopping Center. As reported by Times Leader, this incident occurred in Edwardsville, IL, on July 12, 2022. The pothole, which had been a known issue from prior complaints, caused Meade significant injuries. These included a concussion as well as severe neck and back pain.

With the help of a personal injury lawyer in Edwardsville, IL, Meade filed a lawsuit. Her lawsuit alleges that the shopping center’s owners, Edwardsville Mall LP and Signature Acquisitions LLC, were negligent. They failed to repair the dangerous condition or provide adequate warnings. The case highlights how failure to address such hazards can lead to serious injury and legal consequences.

In a similar vein, Hoda Rashidi illustrates another facet of premises liability through her experience at the Walmart Supercentre in Lougheed Mall. On February 25, 2022, Rashidi tripped over an unattended forklift in the store, sustaining severe injuries including broken ribs and a punctured lung.

Her lawsuit, filed in the B.C. Supreme Court claims that both Walmart and Lougheed Mall failed to maintain a safe environment, Burnaby Now reports. It alleges they neglected to inspect for hazards and provide necessary warnings. This case emphasizes the duty of property owners to ensure their premises are free from dangers that could harm patrons.

Both incidents at the Narrows Shopping Center and Lougheed Mall highlight the critical role of premises liability in protecting the public. They reveal how severe injuries can arise from neglected hazards and the importance of holding property owners accountable. For individuals involved in similar cases, hiring a personal injury lawyer can be pivotal.

A skilled personal injury lawyer knows the ins and outs of premises liability law and can make sure you get the compensation you deserve. They’ll dig into the details of your case, gather all the evidence, and craft a solid argument against those at fault.

TorHoerman Law notes that they’ll also help you navigate the tricky rules of negligence, boosting your chances of a successful claim. From haggling with insurance companies to fighting for you in court, a good lawyer will have your back, letting you focus on getting better.

The Broader Implications for Public Safety

These cases illustrate a much larger issue: the potential dangers lurking in everyday public spaces. Forklifts left unattended in busy aisles, potholes ignored in parking lots, these hazards might seem minor but can have life-altering consequences. Premises liability law exists to ensure that property owners take safety seriously. When they do not, they can be held accountable through legal action.

For businesses, this means more than just avoiding lawsuits. It’s about ensuring the safety of customers and maintaining trust. Clear signage, regular inspections, and timely repairs are simple measures that can prevent accidents like those experienced by Rashidi and Meade. Failing to do so puts both patrons and the business at risk financially and reputationally.

Overall, premises liability is more than just a legal concept. It’s a reflection of the trust we place in the spaces we frequent. When property owners neglect safety, they not only risk legal action but also the well-being of the public.

Cases like those of Hoda Rashidi and Valerie Meade highlight the serious consequences of unsafe conditions.

For consumers, these stories highlight the importance of knowing your rights and holding negligent parties accountable. And for businesses, they serve as a cautionary tale: the cost of neglect can be far greater than the price of prevention.