Premises accidents often result from property owner negligence, where the owner fails to maintain a safe environment. Hazards like wet floors, uneven walkways, poor lighting, or broken equipment can lead to slips, trips, falls, and other injuries. The main types of premises liability accidents include slip and falls, inadequate security, negligent maintenance, and unsafe conditions like broken stairs or faulty elevators.
A premises liability lawyer in Edmonton can investigate the incident circumstances, gather evidence, determine who is at fault, and ensure the victim receives appropriate compensation for lost income and pain and suffering. They also handle negotiations with insurance companies and represent the victim in court if necessary.
Common Categories of Premises Accidents and How They Occur
Premises accidents occur when someone suffers an injury while on another person’s property. These accidents typically fall into a few common categories, each often linked to the property owner’s negligence. Failing to maintain a safe environment or address hazards can lead to dangerous situations for visitors to a property. Here are some of the most common categories of premises accidents and how they stem from negligence:
Slips, Trips, and Falls
One of the most frequent types of premises accidents involves slips, trips, and falls. These accidents happen when the floor or walking surface is unsafe. For example, spills that are not cleaned up quickly, poorly maintained sidewalks, or uneven flooring can cause a person to trip and fall. Property owners are responsible for ensuring that their premises are free from hazards like wet floors, broken stairs, or cluttered walkways. Failing to do so shows negligence in maintaining a safe environment.
Inadequate Lighting
Poor lighting can lead to serious accidents, especially in parking lots, stairwells, and hallways. If a property owner fails to provide adequate lighting in these areas, people are more likely to trip or collide with objects. Property owners must regularly check and replace bulbs or install additional lighting to prevent accidents from occurring in poorly lit areas.
Inadequate Security
Premises accidents can also result from inadequate security measures. Property owners must provide a safe environment by ensuring proper lighting, surveillance cameras, and secure locks. Failure on the part of a property owner to provide adequate security may lead to incidents like assaults, robberies, or even attacks by animals. This negligence is particularly relevant in commercial properties or apartment buildings.
Negligent Maintenance
Negligent maintenance refers to the failure to repair broken equipment, fixtures, or structures. If a property owner does not regularly inspect and maintain their property, dangerous conditions can result. For example, a loose handrail on stairs or a broken elevator can cause severe injuries. Property owners are legally obligated to address these hazards promptly to avoid accidents.
Pool and Water Hazards
In cases involving pools, spas, or fountains, accidents can occur due to improper maintenance, lack of safety barriers, or failure to maintain appropriate water quality. Property owners must ensure that these areas are secure and that proper safety equipment, like pool covers or fencing, is in place to prevent accidents.
Most Common Injuries in Premises Accidents
When someone is hurt in a premises accident, it means they suffered an injury while on someone else’s property. There are many different types of accidents that can happen, and these accidents can cause different kinds of injuries. Here are some of the most common injuries that people may suffer in these accidents:
- Sprains and Strains – A sprain happens when the ligaments (the tough bands that hold bones together) become stretched or torn. These injuries often happen when someone trips, falls, or twists their body in an awkward way. For example, if a person falls on a slippery floor or steps into a hole, they may twist their ankle or hurt their back.
- Fractures (Broken Bones) – Fractures, or broken bones, are another common injury in premises accidents. People can break bones in many ways, such as falling down stairs, slipping on a wet floor, or tripping over something on the ground. Broken bones can be serious and may need a cast or surgery to heal properly.
- Head Injuries – Head injuries are often very serious. A person who falls or is hit by something may bump their head on the ground or another object. These situations can lead to concussions, which are injuries to the brain or even more severe injuries like skull fractures. Head injuries require quick medical attention because they sometimes cause long-term damage.
- Back and Neck Injuries – Back and neck injuries can happen if a person falls or is knocked down. These injuries can be very painful and may require rest, physical therapy, or even surgery to heal. In some cases, a back or neck injury can cause long-lasting pain or problems moving.
- Cuts and Bruises – Cuts and bruises are common in premises accidents. Broken glass, sharp objects, or rough surfaces can cut or scrape people. A fall can also cause bruising if a person lands hard on the ground. While cuts and bruises usually heal over time, they can still be painful.
- Broken Teeth – If a person falls and hits their mouth, they may break a tooth. Broken teeth can be very painful and may need dental treatment, like a filling or crown, to repair.
Most Important Types of Evidence in Premises Accident Cases
In a premises accident case, evidence plays a crucial role in determining who is responsible for the injury and whether the property owner was negligent. The more solid evidence a victim can gather, the stronger their case will be. There are several key categories of evidence that are essential in these types of cases.
One of the most important pieces of evidence in a premises accident case is visual documentation. Photographs or videos can capture the condition of the area where the accident occurred, such as a wet floor, broken stairs, or a poorly lit hallway. These images can help prove that the property owner failed to maintain a safe environment.
Taking pictures as soon as possible following the accident, before the condition of the scene changes or is repaired, is important. Video footage, like security camera recordings, can also be crucial, as it may show how the accident happened or provide proof that hazards existed at the time.
Witnesses who saw the accident happen can provide valuable testimony. Their statements can back up the victim’s account of what occurred and offer important details, such as whether the property owner was aware of the hazard or if there were any safety warnings in place.
If the accident happened in a public or commercial setting, such as a store or a restaurant, the property owner or their employees may have filled out an accident report. This document can provide details about the incident, including how it happened and what actions were taken afterward. Accident reports are often used as official records and can help show that the property owner acknowledged the injury, which can be important for proving negligence.
Medical records are necessary to prove the extent of the injuries sustained in the accident. These records can show the treatment the victim received and the long-term effects of the injury. The medical evidence helps establish a connection between the premises accident and the injuries suffered, supporting the claim for compensation.
In cases involving hazardous conditions like a broken railing or a wet floor, maintenance records can show whether the property owner had been properly maintaining the property. If the owner neglected regular upkeep or failed to address known hazards, these records can be used to prove negligence.
How Much Is a Premises Accident Case Worth?
The value of a premises accident claim or lawsuit depends on several factors, including the severity of the victim’s injuries, the degree of negligence by the property owner, and the specific damages suffered. While there is no fixed amount, compensation can cover a range of losses. Below are the key losses that a premises accident victim may be eligible to recover.
- Lost income – If a victim is unable to work due to their injuries, they may be entitled to compensation for lost earnings. This type of loss includes the income the person would have earned if they had not suffered an injury, as well as any future income if their ability to work is permanently affected. For example, someone with a severe back injury may be unable to perform physical labour, potentially limiting their earning capacity. In these cases, the claim may include compensation for reduced future earnings.
- Pain and Suffering – Pain and suffering compensation is designed to compensate the victim for the physical pain and emotional distress the injury caused. Pain and suffering is based on the severity and effects of the injury. The more serious the injury – such as a permanent disability, long-term pain, or emotional trauma – the higher the pain and suffering award can be.
- Emotional Distress – Emotional distress damages are intended to compensate for the mental anguish a victim experiences as a result of the accident. This type of damage may include anxiety, depression, PTSD, or other emotional conditions the injury triggered. Victims may need therapy or counselling to recover from emotional distress, and these costs may also be included in the claim.
- Punitive Damages – In cases of gross negligence or intentional harm, punitive damages may be awarded. These damages are not intended to compensate the victim but to punish the property owner for particularly reckless or malicious conduct. However, punitive damages are less common and are generally awarded only in extreme cases.
How Can a Lawyer Help with a Premises Liability Case?
When you suffer an injury due to a property owner’s negligence, having a skilled lawyer on your side can make a significant difference in the outcome of your case. Here’s how an experienced lawyer can assist you:
Investigating the Incident: One of the first steps an experienced premises liability lawyer will take is thoroughly investigating the accident. They will gather evidence, such as photographs, security footage, and witness statements, to build a strong case. They can also obtain maintenance records or accident reports that can show whether the property owner was negligent in maintaining a safe environment.
A lawyer will know how to identify key evidence that supports your claim and may even work with experts, such as accident reconstruction specialists, to prove liability.
Determining Liability: In premises liability cases, determining who is responsible for the accident can be difficult. A knowledgeable lawyer will know how to identify the parties that can be liable, such as the property owner, a tenant, or even a maintenance company. They can also determine the degree of negligence involved. For instance, if the property owner was aware of a hazard but failed to fix it, they may be considered more negligent than if the hazard was due to an unforeseen event.
Evaluating Damages: An experienced lawyer can determine the full extent of your damages, including not only the immediate costs but also long-term effects, such as future lost earning potential and pain and suffering. A skilled lawyer will ensure that all these damages are accurately calculated and included in your claim. They will also determine the compensatory damages you may be entitled to, whether for emotional distress or lost income, for example.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, even in cases where the victim is clearly entitled to compensation. A knowledgeable premises liability lawyer knows how to deal with insurers and can negotiate on your behalf to ensure that you receive a fair settlement.
If the insurance company offers a low settlement, your lawyer can advise you on whether it is worth accepting or if you should proceed to trial.
Representing You in Court: If your case goes to trial, a premises liability lawyer will represent you in court. They will present evidence, cross-examine witnesses, and argue your case before a judge or jury. Having a lawyer with trial experience can increase your chances of winning and securing a higher compensation award.
Contact an Experienced Premises Liability Lawyer About Your Case Right Away
If you recently sustained injuries in a premises accident, you may be entitled to recover compensation for your various losses. A skilled Edmonton personal injury lawyer can investigate your circumstances, go over your options, and begin pursuing the compensation you need.
