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General Premises Liability FAQ's

  • I slipped and fell in my grocery store due to a broken jar of beets. My wrist is broken and I have some cuts. The store says that there had not been time for their clean-up crew so they are not responsible. Is this true?  Their attorney will probably try to use this argument, but it is seldom successful. Businesses are generally liable for the negligence of their cleaning crew. You have a reasonable case, and a premises liability attorney can advise you as to the type and amount of damages that you may expect in this instance.
     
  • I was attacked in the parking lot at the Mall. Can I sue the owners for my bills?  Generally, the owner or owners of a business are responsible for reasonable security on their property or premises. Adequate lighting, for example, is an essential for safety. A significant period of criminal activity on or around a property would also show a property owner that additional security is required to prevent such criminal acts. This could be used to prove an owner's liability for later criminal acts.
     
  • I saw a lawyer about my premises liability case. Do I really need an expert witness to prove it?  There are times that an expert witness can be used to good advantage in a premises liability case. This is particularly true if a case goes to a jury. Medical experts, contractors, economists, and others may have special knowledge that a jury needs to understand in order to assign damages properly.
     
  • What should I be doing before I see an attorney? I am not sure yet how serious my slip and fall was. 
    • Document all events in a journal, including doctor’s visits, and any contact by anyone regarding the accident. Photograph your injuries from day one.
    • Do not speak to anyone regarding the accident, such as an insurance agent or adjuster without contacting your attorney.
    • See an attorney as soon as possible to discuss this. You can always elect to drop the matter, but it is important to see that your rights are preserved.
       
  • A friend slipped in my living room and really hurt himself. I do have premises liability insurance, but feel that this was in no way my fault. He is supposed to use a walker and does not.  Actually, most homeowner’s insurance policies provide coverage for medical bills regardless of fault. These claims generally must be made in a short time span, so be sure to check your policy for this provision.

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