If you’ve been injured on someone else’s property due to a defect or hazard, you may be dealing with a premises liability case. These types of lawsuits are commonly filed against property owners, and they often involve accidents like slips, trips, or falls. However, it’s important to understand that premises liability cases are rarely straightforward. Having handled many such cases, including jury trials, at Vickery and Shepherd, we know that these cases require careful evaluation and often present significant challenges.
When assessing a potential premises liability case, we consider several key factors:
How Obvious Was the Hazard?
One of the first questions we ask is how noticeable the hazard was. If someone trips over an object that an average person could easily see, it becomes much harder to prove that the property owner is at fault. For example, if a sidewalk crack or an object was clearly visible, it may not be reasonable for the owner to have anticipated an injury. However, if the hazard was hidden or hard to spot, the owner may be more liable.
Was the Hazard Caused by Natural Accumulation?
In certain locations—like Wyoming or Colorado, where winter conditions are harsh—slip and fall accidents often involve ice or snow. A crucial question is whether the ice formed naturally or whether the property owner contributed to the hazardous condition. For example, we recently settled a case where a property owner allowed water to drain off the roof directly into customer parking spaces. The water then froze, creating a dangerous ice patch that led to a client’s serious injury when she slipped while exiting her vehicle.
Did the Property Owner Have Notice of the Hazard?
It’s easier to pursue a premises liability case when the property owner knew—or should have known—about the hazard before the accident occurred. For instance, if other customers or employees had reported the issue, it may be more likely that the owner had a reasonable opportunity to fix the problem. A history of complaints or prior incidents can strengthen your case.
Did the Property Owner Warn People of the Hazard?
Did the property owner take steps to alert people about the potential danger? This could include warning signs, cones, or barriers around a known hazard. If the property owner failed to take reasonable precautions to warn others about the hazard, this could increase their liability.
Additional Factors to Consider
Many other factors can impact the outcome of a premises liability case, including the severity of the injury, the property owner’s maintenance practices, and whether they had insurance coverage for such incidents.
If you’ve suffered significant injuries due to a hazardous condition on someone else’s property, don’t hesitate to contact us. We can evaluate your situation and help guide you through the legal process.