Premises Liability

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Injury or wrongful death resulted from Premises Liability?

Premises liability is an area of law developed to ensure the safety of visitors and guests on another’s property. When businesses, properties, or facilities are made open to the public, they are required to keep all people free from preventable harm. There are numerous safety and health regulations that landowners are obligated to meet, some of which may vary according to the business, property, location, or services involved. Generally, however, landowners must provide safe conditions and adequate warnings for their guests. When an injury occurs on an owner’s premises, and it can be proven that the injury was caused directly by the owner’s negligence or failure to comply with laws and regulations, then victims can pursue compensation through a personal injury claim.

Forms of Premises Liability

Common forms of premises liability injuries and cases include:

  • Dog bites
  • Open holes or excavations
  • Uneven pavement or floors
  • Falling objects
  • Slips and falls
  • Trip and falls
  • Criminal attacks on premises, including shootings, robberies, and physical attacks
  • Insufficient lighting
  • Defective products or property
  • Defective staircases and faulty railing or lack of railings
  • Falls due to improper height of steps


  • Some of the most common premises accidents are slip and fall accidents, snow and ice accidents, fire accidents, pool accidents, construction accidents, maintenance accidents, and toxic substance accidents.
  • Approximately one in ten of all lawsuits relate to a premises accident.
  • Almost all premises accident lawsuits are decided by a jury.
  • Compared to other kinds of cases, premises accident litigation has seen a decline in the frequency of cases.
  • Courts award victims of premises accidents billions of dollars in damages every year.
  • Less than one in ten premises accident victims obtains punitive damages.
  • Some of the most frequent settings for premises accidents are construction worksites and industrial worksites.
  • Slip and fall incidents are one of the leading causes of premises accidents.
  • A typical premises accident lawsuit lasts about two years.
  • In premises accident cases that went to trial, the success rate of plaintiffs was a little under 50%

Medical Treatment

It's critical that you visit with a doctor as soon as possible after your premises liability accident. Even if you believe your injuries are minor, it's a good idea to seek treatment in the event that you begin to experience new or worsening symptoms over the days following your accident. One of the most damaging factors to any premises liability accident claim is what is known as a "gap in treatment." This occurs when a person waits to seek treatment or fails to show for a doctor's appointment. Without detailed medical records and a consistent treatment history, there will be little to no evidence that supports your injury claim. Simply put, you must follow up with a doctor as soon as possible after a premises liability accident and continue to keep your appointments until you have been released from care.

Insurance Company Goals

The goal of the insurance company is to pay the smallest amount possible to settle your car accident case. Insurance companies make billions of dollars every year by settling claims as quickly as possible and employing high-priced defense attorneys who make sure their dollars stay out of your hands. Premises liability accident victims are often pressured into giving recorded statements to the insurance company and signing medical authorization release forms that expose your health history. In both instances, this information is used against you to limit how much they pay for your accident. (It's also common for the insurance company to use often-heard excuses to deny or limit your claim. The accident wasn't your fault, and you shouldn't be made to feel guilty.)

Delventhal Difference

  • You can contact us 24 hours a day, 7 days a week for a free consultation with our lawyers
  • When you contact us a lawyer will immediately respond - No call centers - No time waiting for the important legal advice you need
  • Our no recovery no fee promise - You won't have to pay a dime until there is a successful resolution to your case.
  • All accident, injury and wrongful death lawyers at our office have years of experience litigating such cases, so they know how to get the maximum compensation for your case.
  • Our lawyers will fight for your right to compensation against insurance companies and defendants for all your damages including:
    • Medical bills - Hospitalization costs
    • Future medical care
    • Loss of earnings
    • Pain and suffering
    • Emotional distress If you are the victim of an injury or wrongful death, contact us for immediate assistance.

Remember, our consultations are free, and when we take a case, we do not charge our clients a penny until our client wins. If you don't win, then we don't get paid. That's how confident we are in our ability to successfully handle your case. Call us now to speak to a Fort Wayne car accident attorney personal injury and wrongful death lawyer immediately.