Premises Liability

Premises liability refers to the legal responsibility of property owners or operators for injuries that occur on their property due to dangerous conditions. If you’ve been injured on someone else’s property, you may be entitled to compensation for your damages.

At Castel & Hall, LLP, we specialize in premises liability cases and are here to help you hold negligent property owners accountable. Let us fight for your rights and secure the compensation you deserve.

What Is Premises Liability?

Premises liability arises when a property owner or operator fails to maintain a safe environment, leading to injuries. To win a premises liability case, you must prove that:

1. The property owner owed you a duty of care (e.g., as a customer, guest, or tenant).
2. The property owner was negligent in maintaining the property.
3. The negligence directly caused your injury.
4. It’s important to note that not all injuries on someone else’s property result in liability. You must show that the property owner knew or should have known about the dangerous condition and failed to address it.

Common Types of Premises Liability Cases

Premises liability covers a wide range of accidents and injuries, including:

Slip and Fall Accidents

• Caused by wet floors, uneven surfaces, or poorly maintained walkways.

Snow and Ice Accidents

• Occur when property owners fail to clear snow or ice from walkways and driveways.

Inadequate Maintenance

• Includes broken stairs, loose handrails, or poorly lit areas.

Poor Security Leading to Injury or Assault

• Property owners may be liable if inadequate security measures lead to criminal acts.

Elevator and Escalator Accidents

• Caused by mechanical failures or lack of maintenance.

Dog Bites

• Property owners may be liable if their dog injures someone on their property.

Swimming Pool Accidents

• Occur due to lack of supervision, faulty equipment, or unsafe conditions.

Amusement Park Accidents

• Caused by defective rides or unsafe premises.

Water Leaks or Flooding

• Resulting in slip hazards or property damage.

Exposure to Toxic Fumes or Chemicals

• Occurring in poorly ventilated or unsafe environments.

If you’ve been injured in any of these situations, you may have a valid premises liability claim.

Proving Negligence in Premises Liability Cases

1. To succeed in a premises liability case, you must prove that the property owner:
2. Knew or should have known about the dangerous condition.
3. Failed to take reasonable steps to fix the hazard or warn visitors.
4. Caused your injury as a result of their negligence.
5. At Castel & Hall, LLP, we’ll investigate your case, gather evidence, and build a strong claim to prove negligence.

Compensation You May Be Entitled To

If your injury was caused by a property owner’s negligence, you may be entitled to compensation for:

• Medical expenses (past and future).
• Lost wages and reduced earning capacity.
• Pain and suffering.
• Emotional distress.
• Property damage.

Steps to Take After a Premises Liability Accident

If you’ve been injured on someone else’s property, follow these steps to protect your rights:

Step 1: Seek Medical Attention

• Your health is the top priority. Even if your injuries seem minor, get checked by a healthcare professional.
• Medical records will also serve as crucial evidence for your claim.

Step 2: Report the Accident

• Notify the property owner, manager, or supervisor about the accident.
• Request a written incident report and keep a copy for your records.

Step 3: Document the Scene

• Take photos of the hazardous condition that caused your injury (e.g., wet floors, broken stairs).
• Capture images of your injuries and any visible damage.
• Gather contact information from any witnesses.

Step 4: Avoid Giving Statements

• Do not discuss the accident with the property owner’s insurance company without consulting an attorney.
• Avoid admitting fault or making speculative statements.

Step 5: Contact Castel & Hall, LLP

• Our experienced attorneys will handle the legal process while you focus on recovery.
• We’ll investigate your case, negotiate with insurance companies, and fight for fair compensation.

Why Choose Castel & Hall, LLP?

• Experienced Legal Advocacy: We specialize in premises liability cases and understand the complexities of property owner negligence.
• Compassionate Support: We treat every client like family and prioritize your well-being.
• Aggressive Representation: We’re not afraid to take on insurance companies or go to court to fight for your rights.

Don’t Wait—Contact Us Today

Premises liability accidents can have a lasting impact on your life. Don’t let negligent property owners get away with failing to keep their premises safe.

Call us at 617-716-6464 for a free consultation. Let Castel & Hall, LLP advocate for you and help you secure the compensation you deserve.