A premises liability case is one in which the injured party claims the owner or the occupier (usually the tenant) is liable for your injuries. Premise liability cases have many types of fact patterns and can happen anytime you are out and about. They can occur on the sidewalk, in a sports arena, at a school, an amusement park, the grocery store, parking lots, and stores. It is often challenging to prove who is liable for your injury. That's why it's vital to speak to an attorney as soon as possible after the accident.
Common Fact Patterns
Here are some fact patterns that are common to trip and fall accidents.
- A women trip and falls into a ditch in a parking lot while pushing a shopping cart. The woman fractures her hip and requires surgery.
- A man trips and falls on a crack on the sidewalk, sustaining a fractured hip requiring surgery. A claim is made to the owner of the building and the ground tenant.
- A woman trips and falls on uneven stairs while entering a store sustaining a herniated disc in her back.
- An elderly man trips and falls at a supermarket because the store failed to properly stock the shelves. A claim is brought against the owner of the store.
- A child is attacked by a pit bull as the child is playing in a schoolyard. A claim is made against the owner of the dog.
- A woman attends a concert and sees a sign that states "Restrooms." She enters the door to a poorly lit stairway not knowing that the restrooms are actually down another flight of stairs. She takes a step down on the poorly lit stairway and fails down the flight of steps. She fractures her back and wrist.
- A man walks out to the lobby of the building where he is a tenant and the ceiling collapses.
- A boy is a tenant in a building and the window collapses onto his hand, fracturing his fingers.
- A woman trips and falls over a carpet that is wet and negligently placed in the middle of the aisle.
- An electrician is injured while working as a sub-contractor at a job site. The electrician is injured when the ladder suddenly collapses.
- A man is walking in the park and a tree falls on his head and has a traumatic brain injury. The man sues the City of New York since the City is responsible for the maintenance of the park.
- A child is injured as a result of negligence on the part of school staff or maintenance crews, creating unsafe property conditions in the school or on the playground. The school has a duty to make sure that there are no tripping hazards. Generally, the blacktop needs to be free of cracks or holes.
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