Restaurants, shopping centers, retail stores, and other commercial establishments are responsible for keeping their visitors and guests. They have to ensure the establish appropriate security measures. Commercial establishments must also ensure that their physical premises are safe from dangers and elements that cause harm to the guests.
This is a contributed post and does not necessarily reflect the opinions of Meet The Harris Family.
If the owner of the establishment fails to keep their property free from harm and causes injury to a guest, they can be liable for unsafe premises. Premises liability is a legal concept that commonly comes into play in personal injury cases. In a premises liability case, the injury is a result of an accident that occurred due to unsafe conditions on someone’s property.
Premises Liability Cases
Different types of personal injury cases can be considered as premises liability cases, but the most common are slips and falls. Many slip-and-fall accidents involve wet floors. Since slippery floors are temporary and can be easily remedied, the amount of time that passed between the moment that the floor became wet and the moment of the accident is essential.
Commercial establishment owners must clean up spills promptly. If, for example, you’re in a bar and a customer drops their drink. The employees didn’t clean up the spill within a reasonable period, so you slipped and fell. You might be able to sue the bar for negligence.
Other premises liability cases for commercial establishments include accidents caused by snow and ice accidents, fires, elevators and escalators, inadequate building security, toxic fumes, defective stairs, loose or broken floors, and others.
In premises liability cases, the injury can range in severity from minor to fatal. Some walk away with just a few scrapes and bruises, but others suffer from worse trauma, such as broken bones, brain injuries, or spinal cord injuries. In these cases, you should seek the legal counsel of a lawyer specializing in spinal cord injuries or traumatic brain injuries to make sure you build a solid case.
Damages in a Premises Liability Claim
Injured victims can be eligible for premises liability damages. Most victims pursue compensation for medical costs, but you can also make claims for lost wages and pain and suffering.
The compensation the victim gets depends on several factors, including the type of personal injury, the extent of the damage, and the total amount of insurance available.
For the medical costs, the victim can recover damages for the hospital bill, medical supplies (e.g., bandages, crutches), transportation expenses to and from medical appointments, prescription costs, and rehabilitative care.
A victim can also pursue compensation for the wages they lost while they were recovering from the injury.
The victim might also recover pain and suffering damages, but the amount can be challenging to calculate. Pain and suffering are the physical and emotional stress caused by an injury, so they’re more subjective compared to financial losses. Depending on the severity of the injury, pain and suffering damages can cover loss of enjoyment of life, inability to enjoy previous lifestyle habits, and loss of consortium (i.e., impact on one’s marriage).
Premises liability laws are complex, varying across states. You’ll have to determine whether the commercial establishment was at fault for your accident. The best way to deal with your injury is to hire a personal injury or a premises liability lawyer. This way, you can ensure the full protection of your rights and determine the best course of action.
