What is a Premises Liability Lawyer?
A Premises Liability Lawyer is a specialized attorney who represents individuals who have been injured on someone else’s property due to unsafe or hazardous conditions. These lawyers help victims of accidents that occur on commercial, residential, or public properties to seek compensation for their injuries and losses. Premises liability cases can arise from various situations, and a skilled lawyer in this field is essential to navigate the complex legal landscape surrounding these claims.
Types of Cases Handled by a Premises Liability Lawyer
Premises liability lawyers handle a wide range of cases, each involving different circumstances and types of injuries. Some of the most common types include:
Slip and Fall Accidents
One of the most common types of premises liability cases, slip and fall accidents occur when a person slips, trips, or falls due to a hazardous condition on the property, such as wet floors, uneven surfaces, or poorly lit areas.
Inadequate Premises Maintenance
Property owners are required to maintain their premises in a safe condition. When they fail to do so, leading to hazards like broken stairs, faulty wiring, or leaking roofs, they may be held liable for any resulting injuries.
Swimming Pool Accidents
Swimming pools can be dangerous, especially if they are not properly maintained or secured. Accidents may occur due to slippery surfaces, lack of supervision, or improper fencing, leading to drowning or severe injuries.
Elevator or Escalator Accidents
Defective or poorly maintained elevators and escalators can cause serious injuries. Premises liability lawyers handle cases where individuals are injured due to malfunctions, sudden stops, or entrapment.
Dog Bites
Dog owners may be held liable if their pet bites or attacks someone on their property, particularly if the dog has a history of aggression or the owner failed to restrain the animal properly.
Fires
Property owners may be liable for injuries caused by fires if the blaze resulted from negligence, such as faulty wiring, lack of smoke detectors, or failure to follow fire safety regulations.
Ice or Snow Accidents
In regions where ice and snow are common, property owners have a responsibility to clear sidewalks, driveways, and other areas to prevent slip and fall accidents. Failure to do so can result in liability for injuries.
Amusement Park Accidents
Amusement parks are required to maintain their rides and attractions in a safe condition. If a visitor is injured due to a malfunctioning ride, inadequate safety measures, or poor maintenance, the park may be held liable.
Types of Compensation in Premises Liability Cases
Victims of premises liability accidents may be entitled to various forms of compensation, depending on the severity of their injuries and the circumstances of the case. Common types of compensation include:
- Medical Expenses: Covers the cost of hospitalization, surgery, rehabilitation, and ongoing medical care.
- Lost Wages: Compensation for income lost due to the inability to work while recovering from injuries.
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of extreme negligence, the court may award punitive damages to punish the property owner and deter similar conduct in the future.
- Property Damage: Compensation for personal property damaged in the accident, such as clothing, electronics, or vehicles.
Fees for Premises Liability Lawyers
Most premises liability lawyers work on a contingency fee basis, meaning they only get paid if they win the case. The typical contingency fee ranges from 25% to 40% of the settlement or court award. The exact percentage may vary depending on the complexity of the case, the lawyer’s experience, and the potential value of the claim.
Factors Considered During a Premises Liability Claim
When evaluating a premises liability claim, several factors are considered to determine the property owner’s liability:
- Duty of Care: Property owners have a legal duty to maintain their premises in a reasonably safe condition. The nature of this duty may vary depending on whether the injured person was an invitee, licensee, or trespasser.
- Breach of Duty: The claimant must prove that the property owner breached their duty of care by failing to address or warn of a hazardous condition.
- Causation: It must be shown that the breach of duty directly caused the injury.
- Damages: The claimant must provide evidence of the injuries and losses suffered as a result of the accident, such as medical bills, lost wages, and pain and suffering.
Success Rate in Premises Liability Cases
The success rate in premises liability cases depends on various factors, including the strength of the evidence, the skill of the attorney, and the specifics of the case. Generally, cases with clear evidence of negligence and substantial injuries tend to have higher success rates. However, the outcome can vary widely, and not all cases result in favorable settlements or verdicts.
Famous Premises Liability Cases
Several premises liability cases have gained national attention due to their complexity, the parties involved, or the significant damages awarded:
- McDonald’s Hot Coffee Case: This famous case involved a woman who suffered third-degree burns after spilling hot coffee purchased from McDonald’s. The case highlighted the importance of product safety and led to a substantial settlement for the victim.
- Amusement Park Accident at Six Flags: A young woman lost both her feet in a tragic accident at a Six Flags amusement park when a ride malfunctioned. The case resulted in a significant settlement and changes in safety protocols at the park.
- Swimming Pool Accident at a Hotel: A family was awarded a substantial settlement after their child drowned in a hotel swimming pool that lacked proper fencing and signage.
Top 4-5 Premises Liability Lawyers in Major U.S. Cities
New York City, New York Top Premises Liability Lawyer
- Block O’Toole & Murphy, LLP
- Parker Waichman LLP
- Rosenbaum & Rosenbaum, P.C.
- Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Los Angeles, California Top Premises Liability Lawyer
- Panorama Law Firm
- Carpenter, Zuckerman & Rowley, LLP
- Greene Broillet & Wheeler, LLP
- Law Offices of David H. Greenberg
Chicago, Illinois Top Premises Liability Lawyer
- Salvi, Schostok & Pritchard P.C.
- Clifford Law Offices
- Levin & Perconti
- Kreisman Law Offices
Houston, Texas : Top Premises Liability Lawyer
- Arnold & Itkin LLP
- The Krist Law Firm, P.C.
- Baumgartner Law Firm
- Zehl & Associates, PC
Phoenix, Arizona Top Premises Liability Lawyer
- Breyer Law Offices, P.C.
- Zachar Law Firm, P.C.
- Lamber Goodnow Injury Lawyers
- Hutzler Law, PLLC
Philadelphia, Pennsylvania Top Premises Liability Lawyer
- Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C.
- Ross Feller Casey, LLP
- Sheridan & Murray
- The Pearce Law Firm, P.C.
San Antonio, Texas Top Premises Liability Lawyer
- Wyatt Law Firm, PLLC
- Law Offices of Pat Maloney, P.C.
- Herrman & Herrman, P.L.L.C.
- Hill Law Firm
San Diego, California : Top Premises Liability Lawyer
- Gomez Trial Attorneys
- Simpson Law Group
- Jurewitz Law Group Injury & Accident Lawyers
- The McClellan Law Firm
Dallas, Texas : Top Premises Liability Lawyer
- Rasansky Law Firm
- Guajardo & Marks, LLP
- Witherite Law Group
- Reyes Browne Reilley
San Jose, California : Top Premises Liability Lawyer
- Habbas & Associates
- Corsiglia McMahon & Allard, L.L.P.
- Caputo & Van Der Walde LLP
- Alexander Law Group, LLP
Austin, Texas : Top Premises Liability Lawyer
- Funk & Associates
- DC Law
- McMinn Law Firm
- The Stewart Law Firm, PLLC
Jacksonville, Florida : Top Premises Liability Lawyer
- Farah & Farah
- Morgan & Morgan
- Harrell & Harrell, P.A.
- The Law Offices of John M. Phillips
Fort Worth, Texas : Top Premises Liability Lawyer
- Patterson Law Group
- Anderson Injury Lawyers
- Coby L. Wooten, Attorney at Law, P.C.
- Harris Cook, LLP
Columbus, Ohio : Top Premises Liability Lawyer
- Kisling, Nestico & Redick
- Elk & Elk Co., Ltd.
- Rourke & Blumenthal, LLP
- The Fitch Law Firm
Charlotte, North Carolina Top Premises Liability Lawyer
- Price Petho & Associates, P.L.L.C.
- The Law Offices of Jason E. Taylor, P.C.
- Nagle & Associates, P.A.
- Brown Moore & Associates, PLLC
San Francisco, California Top Premises Liability Lawyer
- Walkup, Melodia, Kelly & Schoenberger
- The Veen Firm, P.C.
- Choulos, Choulos & Wyle
- Dolan Law Firm
Indianapolis, Indiana Top Premises Liability Lawyer
- Wagner Reese, LLP
- Keller & Keller
- Hensley Legal Group