After suffering injuries on private property, many plaintiffs encounter the term “premises liability” for the first time. Like many other legal terms associated with personal injury lawsuits, this phrase may cause some confusion. A more comprehensive understanding of this concept could help injured plaintiffs approach potential lawsuits with greater confidence. Although online research is a positive first step, a consultation with an experienced personal injury lawyer in New Hampshire could provide further insights. Consider calling (603)707-4800 to discuss this topic in more detail with Friedman & Bresaw, PLLC.
Premises Liability Is a Type of Personal Injury Lawsuit
Premises liability falls under the broad category of personal injury. Like all personal injury cases, a premises liability lawsuit involves some kind of injury. The distinctive characteristic of premises liability lawsuits is the location of the accident. These cases all involve injuries that occur on properties owned or operated by defendants. As the property or business owner, this defendant becomes liable for certain injuries sustained by the general public. These might include customers, pedestrians, and other parties.
As with all personal injury lawsuits, plaintiffs must establish negligence. In other words, they must show that the defendant owed them a duty of care – and that the breach of this duty led directly to their injuries. Finally, they must show that their injuries are legitimate.
Types of Premises Liability Lawsuits in New Hampshire
Various personal injury lawsuits fall within the general category of premises liability. These different types of cases reflect the many ways plaintiffs may become injured due to property owner negligence:
Slips and Falls
Property owner negligence can easily cause plaintiffs to slip and fall. For example, a plaintiff might approach a wet floor that has just been mopped by staff. The individual may not see the thin layer of water on the surface, and they might slip backward and suffer injuries as a result. Plaintiffs might also slip on a spilled carton of juice at a grocery store – or a puddle of engine oil at a gas station. Aside from liquids, walking hazards might include debris, insufficient lighting, snow, ice, broken stairs, lack of handrails, and various building code violations.
Burn-Related Injuries
Burn-related injuries may also form the basis of premises liability lawsuits. The obvious example is a fire caused or exacerbated by property owner negligence. Perhaps the property owner created a fire risk, or maybe they failed to install property fire prevention equipment. The defendant in this case may be the property owner, business owner, or landlord. Customers, tenants, and pedestrians may file premises liability lawsuits for injuries such as skin burns, smoke inhalation, and other issues. Some burns are associated with hot beverages or foods, and patrons may sue restaurants for these injuries. For example, a staff member might spill scalding-hot coffee on a customer during a drive-thru interaction. According to the National Institutes of Health, “severe psychological distress” is a common challenge for patients with serious burns.
Negligent Security
Another type of premises liability lawsuit is a “negligent security” case. These lawsuits involve violent crimes that occur on the properties of defendants. They usually involve certain types of establishments that are more prone to violent crimes, including bars, clubs, casinos, and 24-hour fast-food restaurants. That being said, any business could become liable for negligent security if there is a history of violence on their premises. Once the business owner becomes aware of this pattern of violence, they have a legal duty to improve security measures. If the defendant fails to take these steps, they may become liable for injuries related to violent crimes. These injuries can lead to life-altering physical and psychological consequences. According to the Office of Justice Programs, courts across the United States are clearly sending a message that negligent security “will not be tolerated.”
What Are the Most Common Defenses to Premises Liability?
Plaintiffs who attempt to sue property owners for premises liability often encounter the same defense strategies. Both property owners and their insurers have a legal incentive to avoid covering damages if possible. They may attempt to dodge liability in various ways:
They Were Never Aware of the Hazard
When facing slip and fall lawsuits, defendants may attempt to argue that they were never aware of fall hazards. They may also claim that although they became aware of the hazard, they did not have enough time to address it. For example, a customer might have spilled a carton of milk in the dairy aisle of a grocery store. If a plaintiff walks by 30 seconds later and slips on the spill, the business owner might argue that they never became aware of the hazard – and that they lacked sufficient time to clean it up. The exact amount of time that the spill existed often becomes important. An experienced personal injury attorney at Friedman & Breshaw, PLLC may be able to use store surveillance footage to show that staff failed to clean the spill within a reasonable delay.
They Made You Aware of the Hazard
Another common defense strategy involves the awareness of the plaintiff. If the property owner can show that they communicated the hazard to the defendant, they may escape liability. Perhaps the most obvious way to communicate a hazard of this nature is through a sign. For example, the defendant may have placed the classic yellow “wet floor sign” on a spill to warn customers. However, these signs must be clearly legible.
The Trespassing Defense
Generally speaking, trespassers in New Hampshire cannot file premises liability lawsuits against property owners. Again, this goes back to the concept of awareness. In order to ensure the safety of a plaintiff, the defendant must become aware of their presence. As a result, plaintiffs who were on private property illegally may struggle to recover compensation for their injuries.
Contact Friedman & Bresaw, PLLC
Premises liability may involve various injuries, including falls, burns, assaults, and more. Due to the varied nature of premises liability, victims may be able to receive more personalized guidance after contacting personal injury lawyers. To discuss the details of the specific accident, consider contacting the experienced New Hampshire premises liability attorneys at Friedman & Bresaw, PLLC. Call (603)707-4800 today to get started.
