If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Chicago personal injury lawyers from TorHoerman Law for a free, no-obligation Chicago personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Chicago, IL – you may be entitled to compensation for those damages.
Contact an experienced Chicago auto accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Chicago, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Chicago truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Chicago or the greater Chicagoland area – you may be eligible to file a Chicago motorcycle accident lawsuit.
Contact an experienced Chicago motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Chicago at no fault of your own and you suffered injuries as a result, you may qualify to file a Chicago bike accident lawsuit.
Contact a Chicago bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
Chicago is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced Chicago construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Chicago nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Chicago, or the greater Chicagoland area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a Chicago wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Chicago you may be eligible for compensation through legal action.
Contact a Chicago slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a Chicago daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Edwardsville personal injury lawyers from TorHoerman Law for a free, no-obligation Edwardsville personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Edwardsville, IL – you may be entitled to compensation for those damages.
Contact an experienced Edwardsville car accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Edwardsville, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Edwardsville truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Edwardsville – you may be eligible to file an Edwardsville motorcycle accident lawsuit.
Contact an experienced Edwardsville motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Edwardsville at no fault of your own and you suffered injuries as a result, you may qualify to file an Edwardsville bike accident lawsuit.
Contact an Edwardsville bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Edwardsville nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Edwardsville and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact an Edwardsville wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Edwardsville you may be eligible for compensation through legal action.
Contact an Edwardsville slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact an Edwardsville daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries on someone else’s property in Edwardsville IL, you may be entitled to financial compensation.
If property owners fail to keep their premises safe, and their negligence leads to injuries, property damages or other losses as a result of an accident or incident, a premises liability lawsuit may be possible.
Contact an Edwardsville premises liability lawyer from TorHoerman Law today for a free, no-obligation case consultation.
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced St. Louis personal injury lawyers from TorHoerman Law for a free, no-obligation St. Louis personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in St. Louis, IL – you may be entitled to compensation for those damages.
Contact an experienced St. Louis auto accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in St. Louis, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our St. Louis truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in St. Louis or the greater St. Louis area – you may be eligible to file a St. Louis motorcycle accident lawsuit.
Contact an experienced St. Louis motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in St. Louis at no fault of your own and you suffered injuries as a result, you may qualify to file a St. Louis bike accident lawsuit.
Contact a St. Louis bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
St. Louis is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced St. Louis construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced St. Louis nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of St. Louis, or the greater St. Louis area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a St. Louis wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in St. Louis you may be eligible for compensation through legal action.
Contact a St. Louis slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a St. Louis daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
Suboxone, a medication often used to treat opioid use disorder (OUD), has become a vital tool which offers a safer and more controlled approach to managing opioid addiction.
Despite its widespread use, Suboxone has been linked to severe tooth decay and dental injuries.
Suboxone Tooth Decay Lawsuits claim that the companies failed to warn about the risks of tooth decay and other dental injuries associated with Suboxone sublingual films.
Depo-Provera, a contraceptive injection, has been linked to an increased risk of developing brain tumors (including glioblastoma and meningioma).
Women who have used Depo-Provera and subsequently been diagnosed with brain tumors are filing lawsuits against Pfizer (the manufacturer), alleging that the company failed to adequately warn about the risks associated with the drug.
Despite the claims, Pfizer maintains that Depo-Provera is safe and effective, citing FDA approval and arguing that the scientific evidence does not support a causal link between the drug and brain tumors.
You may be eligible to file a Depo Provera Lawsuit if you used Depo-Provera and were diagnosed with a brain tumor.
Tepezza, approved by the FDA in 2020, is used to treat Thyroid Eye Disease (TED), but some patients have reported hearing issues after its use.
The Tepezza lawsuit claims that Horizon Therapeutics failed to warn patients about the potential risks and side effects of the drug, leading to hearing loss and other problems, such as tinnitus.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
Elmiron, a drug prescribed for interstitial cystitis, has been linked to serious eye damage and vision problems in scientific studies.
Thousands of Elmiron Lawsuits have been filed against Janssen Pharmaceuticals, the manufacturer, alleging that the company failed to warn patients about the potential risks.
You may be eligible to file an Elmiron Lawsuit if you or a loved one took Elmiron and subsequently suffered vision loss, blindness, or any other eye injury linked to the prescription drug.
The chemotherapy drug Taxotere, commonly used for breast cancer treatment, has been linked to severe eye injuries, permanent vision loss, and permanent hair loss.
Taxotere Lawsuits are being filed by breast cancer patients and others who have taken the chemotherapy drug and subsequently developed vision problems.
If you or a loved one used Taxotere and subsequently developed vision damage or other related medical problems, you may be eligible to file a Taxotere Lawsuit and seek financial compensation.
Although pressure cookers were designed to be safe and easy to use, a number of these devices have been found to have a defect that can lead to excessive buildup of internal pressure.
The excessive pressure may result in an explosion that puts users at risk of serious injuries such as burns, lacerations, an even electrocution.
If your pressure cooker exploded and caused substantial burn injuries or other serious injuries, you may be eligible to file a Pressure Cooker Lawsuit and secure financial compensation for your injuries and damages.
Several studies have found a correlation between heavy social media use and mental health challenges, especially among younger users.
Social media harm lawsuits claim that social media companies are responsible for onsetting or heightening mental health problems, eating disorders, mood disorders, and other negative experiences of teens and children
You may be eligible to file a Social Media Mental Health Lawsuit if you are the parents of a teen, or teens, who attribute their use of social media platforms to their mental health problems.
The Paragard IUD, a non-hormonal birth control device, has been linked to serious complications, including device breakage during removal.
Numerous lawsuits have been filed against Teva Pharmaceuticals, the manufacturer of Paragard, alleging that the company failed to warn about the potential risks.
If you or a loved one used a Paragard IUD and subsequently suffered complications and/or injuries, you may qualify for a Paragard Lawsuit.
Patients with the PowerPort devices may possibly be at a higher risk of serious complications or injury due to a catheter failure, according to lawsuits filed against the manufacturers of the Bard PowerPort Device.
If you or a loved one have been injured by a Bard PowerPort Device, you may be eligible to file a Bard PowerPort Lawsuit and seek financial compensation.
Vaginal Mesh Lawsuits are being filed against manufacturers of transvaginal mesh products for injuries, pain and suffering, and financial costs related to complications and injuries of these medical devices.
Over 100,000 Transvaginal Mesh Lawsuits have been filed on behalf of women injured by vaginal mesh and pelvic mesh products.
If you or a loved one have suffered serious complications or injuries from vaginal mesh, you may be eligible to file a Vaginal Mesh Lawsuit.
Parents and guardians are filing lawsuits against major video game companies (including Epic Games, Activision Blizzard, and Microsoft), alleging that they intentionally designed their games to be addictive — leading to severe mental and physical health issues in minors.
The lawsuits claim that these companies used psychological tactics and manipulative game designs to keep players engaged for extended periods — causing problems such as anxiety, depression, and social withdrawal.
You may be eligible to file a Video Game Addiction Lawsuit if your child has been diagnosed with gaming addiction or has experienced negative effects from excessive gaming.
Above ground pool accidents have led to lawsuits against manufacturers due to defective restraining belts that pose serious safety risks to children.
These belts, designed to provide structural stability, can inadvertently act as footholds, allowing children to climb into the pool unsupervised, increasing the risk of drownings and injuries.
Parents and guardians are filing lawsuits against pool manufacturers, alleging that the defective design has caused severe injuries and deaths.
If your child was injured or drowned in an above ground pool accident involving a defective restraining belt, you may be eligible to file a lawsuit.
Recent scientific studies have found that the use of chemical hair straightening products, hair relaxers, and other hair products present an increased risk of uterine cancer, endometrial cancer, breast cancer, and other health problems.
Legal action is being taken against manufacturers and producers of these hair products for their failure to properly warn consumers of potential health risks.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
AFFF (Aqueous Film Forming Foam) is a firefighting foam that has been linked to various health issues, including cancer, due to its PFAS (per- and polyfluoroalkyl substances) content.
Numerous AFFF Lawsuits have been filed against AFFF manufacturers, alleging that they knew about the health risks but failed to warn the public.
AFFF Firefighting Foam lawsuits aim to hold manufacturers accountable for putting peoples’ health at risk.
You may be eligible to file an AFFF Lawsuit if you or a loved one was exposed to firefighting foam and subsequently developed cancer.
Paraquat, a widely-used herbicide, has been linked to Parkinson’s disease, leading to numerous Paraquat Parkinson’s Disease Lawsuits against its manufacturers for failing to warn about the risks of chronic exposure.
Due to its toxicity, the EPA has restricted the use of Paraquat and it is currently banned in over 30 countries.
You may be eligible to file a Paraquat Lawsuit if you or a loved one were exposed to Paraquat and subsequently diagnosed with Parkinson’s Disease or other related health conditions.
Mesothelioma is an aggressive form of cancer primarily caused by exposure to asbestos.
Asbestos trust funds were established in the 1970s to compensate workers harmed by asbestos-containing products.
These funds are designed to pay out claims to those who developed mesothelioma or other asbestos-related diseases due to exposure.
Those exposed to asbestos and diagnosed with mesothelioma may be eligible to file a Mesothelioma Lawsuit.
Studies have found a link between toxic baby formula and Necrotizing Enterocolitis (NEC) — a severe intestinal condition in premature infants.
Parents and guardians are filing NEC Lawsuits against baby formula manufacturers, alleging that the formulas contain harmful ingredients leading to NEC.
Despite the claims, Abbott and Mead Johnson deny the allegations, arguing that their products are thoroughly researched and dismissing the scientific evidence linking their formulas to NEC, while the FDA issued a warning to Abbott regarding safety concerns of a formula product.
You may be eligible to file a Toxic Baby Formula NEC Lawsuit if your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU of a hospital and was subsequently diagnosed with Necrotizing Enterocolitis (NEC).
PFAS contamination lawsuits are being filed against manufacturers and suppliers of PFAS chemicals, alleging that these substances have contaminated water sources and products, leading to severe health issues.
Plaintiffs claim that prolonged exposure to PFAS through contaminated drinking water and products has caused cancers, thyroid disease, and other health problems.
The lawsuits target companies like 3M, DuPont, and Chemours, accusing them of knowingly contaminating the environment with PFAS and failing to warn about the risks.
If you or a loved one has been exposed to PFAS-contaminated water or products and has developed health issues, you may be eligible to file a PFAS lawsuit.
The Roundup Lawsuit claims that Monsanto’s popular weed killer, Roundup, causes cancer.
Numerous studies have linked the main ingredient, glyphosate, to Non-Hodgkin’s Lymphoma, Leukemia, and other Lymphatic cancers.
Despite this, Monsanto continues to deny these claims.
Victims of Roundup exposure who developed cancer are filing Roundup Lawsuits against Monsanto, seeking compensation for medical expenses, pain, and suffering.
Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The THL Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.
TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
A premises liability lawsuit is a type of personal injury claim filed when someone is injured due to a dangerous condition on someone else’s property.
Property owners have a duty of care to maintain a safe environment, and if they fail to do so, they can be held liable for injuries caused by slip and fall accidents, dog bites, or other hazardous conditions.
In this guide, we’ll discuss the process of a Premises Liability Lawsuit, how premises liability cases generally come about, the responsibilities of a property owner to ensure safety for visitors and guests, how an experienced premises liability lawyer can help you file a claim, and much more.
Injuries don’t just occur out of someone’s deliberate intention to harm us.
Sometimes, we get hurt because of someone’s negligence over a place they’re supposed to maintain or oversee.
When you suffer injuries because of this negligence, you may file a premises liability lawsuit against the property owner and other parties that had a duty of care:
TorHoerman Law has shared a comprehensive post answering these questions and much more so you’ll know what to do if you plan to file a premises liability claim.
If you or a loved one has experienced an accident and is considering filing a premises liability case, we’re here to help.
Contact us today and let’s discuss your current situation.
You can also use the chatbot on this page to get immediate answers.
Premises liability is an area of personal injury law that holds property owners responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions.
This legal concept is based on the principle that property owners and occupants have a duty to ensure their premises are reasonably safe for visitors.
If they fail to uphold this duty, and someone is injured as a result, the injured party may have the right to file a premises liability lawsuit.
The importance of premises liability lies in its role in protecting individuals from harm and holding negligent property owners accountable.
Premises liability claims typically hinge on negligence, meaning that the property owner either knew or should have known about a dangerous condition but did not take appropriate action to rectify it.
If negligence can be proven, the injured party may be entitled to compensation for medical expenses, lost wages, and other damages incurred as a result of the accident.
Typically, a premises liability accident case can be resolved over settlements out of court.
A defendant will need to negotiate with the insurance company of the property owner and hopefully get the compensation they deserve.
A judge or jury will try the case, proving negligence or lack thereof.
Premises liability cases encompass a variety of incidents that can occur in different environments.
These cases often involve hazards that property owners or occupants should have addressed to prevent harm to visitors.
Common types of premises liability cases includes:
One of the most common premises liability claims, slip and fall accidents occur when a person slips, trips, or falls due to a hazardous condition on the property.
Wet floors, uneven surfaces, poorly maintained sidewalks, or obstacles left in walkways are some common causes of these accidents.
If a grocery store fails to clean up a spilled liquid or place proper warning signs around a wet floor, a shopper who slips may have a valid premises liability claim.
In some cases, property owners may be held liable for injuries that occur due to inadequate security measures, especially in areas prone to criminal activity.
This lack of protection means the owner failed to exercise reasonable care.
If a person is assaulted in a poorly lit parking garage or apartment complex that lacks proper security cameras or guards, the victim may claim that the property owner failed to provide sufficient protection, leading to the attack.
Construction sites can be hazardous, and property owners or contractors who fail to follow safety regulations may be held liable for accidents.
These accidents might include workers or passersby being injured due to falling debris, unsafe scaffolding, or faulty equipment.
If a pedestrian is injured by unsecured construction materials while walking near a construction site, the property owner may face legal action.
Property owners who keep dangerous dogs on their premises without proper containment or warning may be liable for dog bites or attacks.
Dog bite claims typically involve proving that the dog owner knew the animal was aggressive or had a history of biting, yet failed to take adequate precautions to prevent the attack.
If a visitor to a property is bitten by a dog that the owner failed to leash or secure, the owner could face a premises liability lawsuit.
Swimming pool accidents are another common type of premises liability claim, particularly when property owners fail to follow local safety codes.
Drownings, slips, and other pool-related injuries can occur when there are inadequate fences, missing warning signs, or faulty pool equipment.
If a pool owner does not provide proper fencing around the pool and a child wanders in and drowns, the owner may be held liable for negligence.
In retail environments or workplaces, injuries caused by falling objects — such as merchandise stacked improperly on shelves or unsecured equipment — can result in premises liability claims.
If an object falls and injures a customer due to improper stacking or failure to secure it, the store owner could be held responsible for the injury.
Unsafe wiring, exposed electrical systems, or malfunctioning electrical appliances can lead to serious injuries, such as electrocution or fires.
Property owners are responsible for ensuring that all electrical systems are safely installed and maintained.
If a person is injured due to faulty electrical work on the property, the owner could be liable.
Faulty elevators and escalators can cause injuries if the property owner was negligent in their care and maintenance.
These accidents often occur due to mechanical failures, sudden stops, or improper installation.
If a visitor is injured due to an elevator malfunction in a commercial building, the property owner may face a premises liability lawsuit.
Given these various scenarios, it’s safe to say that premises liability cases cover a broad spectrum of accidents, all tied to the property owner’s failure to maintain a safe environment.
Whether the issue involves wet floors, poor lighting, or inadequate security, individuals injured due to unsafe conditions on someone else’s property may have a strong case for pursuing legal action.
Premises liability accidents can occur in various settings, and many times, the hazards leading to these incidents are unexpected.
Common locations where premises liability accidents frequently happen.
Places where accidents commonly occur include:
Slip and fall accidents in retail stores are among the most frequent premises liability claims.
Shoppers may encounter hazards such as spilled liquids, uneven floors, or misplaced products that lead to injuries.
Grocery stores, shopping malls, and big-box retailers are often cited in lawsuits due to customers being injured by slipping on wet floors or tripping over store displays that are not properly arranged.
Premises liability claims can also arise from accidents that occur in private residences.
Homeowners are responsible for maintaining their property to ensure it is safe for guests.
Common accidents include slip and falls caused by uneven flooring, broken steps, or hazards in the yard, such as untrimmed trees or exposed roots.
A homeowner could be held liable if a guest trips on a loose carpet or falls down unstable stairs.
Places like movie theaters, amusement parks, and sports arenas can be hotspots for premises liability claims.
These venues often see large crowds, which increases the chances of accidents occurring due to poor maintenance or inadequate safety measures.
If a movie theater fails to clean up spilled drinks promptly, and a patron slips and is injured, the theater may be held liable for the injury.
Similarly, an amusement park may be sued if faulty ride equipment leads to injury.
Public parks, playgrounds, and community centers are other areas where premises liability accidents are common.
Injuries can occur due to poorly maintained playground equipment, uneven walking paths, or hidden hazards like exposed tree roots or holes in the ground.
If a child is injured on a swing set because of worn-out chains, the municipality or entity responsible for maintaining the park may face a premises liability lawsuit.
Workplaces can also be the site of premises liability claims, particularly in industries with inherent risks, such as construction or manufacturing.
While workers’ compensation often covers work-related injuries, there are instances where a premises liability claim may be applicable, such as when a third party (not the employer) owns or operates the property where the injury occurred.
If a contractor is injured at a construction site due to unsafe scaffolding provided by the property owner, they may have grounds for a premises liability claim.
Hotels, motels, and other lodging facilities are common locations for premises liability accidents.
Guests may be injured due to inadequate security, wet floors, or malfunctioning amenities such as elevators or swimming pools.
One example is if a guest slips on a wet bathroom floor that was not properly maintained by hotel staff, then the hotel could be held liable for the injury.
Slip and fall accidents, as well as accidents involving vehicles, are common in parking lots and garages.
Poor lighting, cracked pavement, ice, or snow that has not been properly cleared can all lead to serious injuries.
If a pedestrian trips on a pothole in a poorly maintained parking lot, the property owner may be liable for the injuries victims sustained.
In premises liability law, the concept of “duty of care” is central to determining whether a property owner can be held liable for an injury.
Duty of care refers to the legal obligation property owners have to maintain a reasonably safe environment for people who enter their premises.
The extent of this duty varies depending on the legal status of the visitor, which can fall into one of three categories: invitees, licensees, and trespassers.
Invitees are individuals who are expressly or implicitly invited onto the property for the benefit of the property owner, often for business or commercial purposes.
This category includes customers in retail stores, clients in offices, or guests in a hotel.
Property owners owe the highest duty of care to invitees, which means they must not only warn of known dangers but also regularly inspect and maintain the premises to prevent potential hazards.
If a customer slips and falls due to a wet floor in a grocery store, the store owner could be held liable if it’s shown that the hazard should have been known and addressed.
Licensees are individuals who are permitted to be on the property for their own purposes but with the owner’s permission, such as social guests at a private residence.
Property owners owe a moderate duty of care to licensees, meaning they must warn of any known dangers that are not obvious.
Property owners are not typically required to inspect for hidden dangers or hazards that might develop.
For instance, if a friend visiting your home trips over a broken step you were aware of but failed to fix, you may be held liable because you neglected to inform them of the danger.
Trespassers are individuals who enter a property without permission from the owner.
In general, property owners owe little to no duty of care to trespassers.
However, they cannot intentionally harm trespassers, such as by setting traps.
In some cases, particularly when the trespasser is a child, property owners may owe a limited duty of care if the hazard is something that could attract children (such as a swimming pool).
This concept is known as the “attractive nuisance” doctrine.
For example, if a child wanders onto a property and is injured in an unfenced pool, the property owner may still be held liable despite the child’s status as a trespasser.
If you’ve been injured on someone else’s property due to unsafe conditions, filing a premises liability lawsuit can be an effective way to seek compensation for your injuries.
However, understanding the steps involved in this legal process is crucial to increase the chances of success.
Key stages involved in filing a premises liability lawsuit include:
The first and most important step after an injury is to gather evidence of the unsafe conditions that caused the accident.
This evidence will serve as the foundation of your case and could include:
Once you’ve gathered evidence, it’s essential to contact a premises liability lawyer who can evaluate your case.
An experienced attorney will:
For instance, if you were injured in a hotel due to a faulty elevator, your lawyer might investigate whether the hotel owner, the elevator maintenance company, or both are liable for your injuries.
After your lawyer determines you have a viable case, they will file a formal lawsuit on your behalf.
The lawsuit will outline the details of the accident, the property owner’s negligence, and the damages you’re seeking.
Once you file the lawsuit, both parties enter the discovery phase.
During this time, your lawyer and the defendant’s legal team will exchange evidence and gather information through depositions, document requests, and interrogatories.
This process allows both sides to build their cases.
Most premises liability cases, like other types of personal injury cases, are settled out of court through negotiations between your lawyer and the defendant’s legal team.
If a fair settlement is reached, your case will be resolved without going to trial.
If the parties cannot agree on a settlement, the case may proceed to trial.
At trial, both sides will present their arguments, and a judge or jury will determine whether the property owner was negligent and how much compensation you should receive.
A skilled premises liability lawyer will ensure that your case is well-prepared for trial, though most attorneys aim to secure a favorable settlement to avoid the uncertainty of a court trial.
Filing a premises liability lawsuit can be a complex process, but with the right legal guidance and thorough evidence collection, you have a higher potential of successfully holding the negligent party accountable and seeking compensation for your injuries.
Premises liability cases can be legally intricate, often requiring detailed investigations and a deep understanding of local laws.
A premises liability lawyer plays a vital role in navigating these complexities and advocating for the victim’s rights.
Ways a lawyer can help in these situations includes:
An experienced lawyer is familiar with the specific legal requirements that apply to premises liability cases in your area.
This professional can help determine if the property owner violated any safety regulations or local ordinances that contributed to the accident.
Some premises liability cases involve more than one party who may be responsible for the unsafe conditions.
For example, if you’re injured in an apartment building, liability may lie with the property owner, a management company, or a third-party maintenance provider.
A premises liability lawyer can thoroughly investigate the case, determine which parties are responsible, and hold them accountable.
Insurance companies representing property owners often attempt to minimize payouts or deny liability altogether.
A skilled lawyer knows how to negotiate with insurance companies to ensure that your rights are protected and that you receive fair compensation.
Without legal representation, you may be pressured into accepting a settlement that doesn’t fully cover your medical bills, lost wages, or pain and suffering.
Premises liability lawyers help you understand what damages you’re entitled to seek.
Damages may include:
By working with an attorney, you can ensure that your claim includes all the damages you are entitled to.
If your case goes to trial, having a premises liability lawyer on your side is crucial.
The lawyer will represent your interests in court, presenting evidence, questioning witnesses, and making legal arguments to demonstrate the property owner’s negligence.
A lawyer’s expertise in courtroom procedures and experience in similar cases can significantly improve your chances of securing a favorable verdict.
Premises liability lawsuits offer a legal pathway for individuals injured due to unsafe conditions on someone else’s property to seek compensation.
Understanding the various types of cases, duty of care, and the legal process is crucial for pursuing a claim.
If you’ve been injured on another’s property, contact TorHoerman Law for a free consultation to evaluate your case and explore your legal options for compensation.
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A premises liability lawsuit is a type of personal injury claim filed when someone is injured due to a dangerous condition on someone else’s property.
Property owners have a duty of care to maintain a safe environment, and if they fail to do so, they can be held liable for injuries caused by slip and fall accidents, dog bites, or other hazardous conditions.
An experienced premises liability lawyer can help injured parties seek compensation by proving negligence and demonstrating that the property owner failed to exercise reasonable care.
You can file a premises liability lawsuit if you are injured on someone’s property due to the owner’s negligence in maintaining a safe environment.
This includes accidents caused by unsafe conditions such as wet floors, broken stairs, or poorly maintained premises.
To pursue a successful premises liability case, you must prove that the property owner failed to exercise reasonable care, leading to your injury.
Common types of premises liability cases include slip and fall accidents, dog bites, swimming pool accidents, and injuries caused by inadequate security or maintenance.
These liability cases arise when property owners fail to take reasonable steps to keep their premises safe.
If you suffer injuries due to such hazardous conditions, you may be entitled to compensation by filing a premises liability claim.
To prove negligence in a premises liability case, you must demonstrate that the property owner knew or should have known about the dangerous condition and failed to take steps to fix it.
This requires showing that the owner did not exercise reasonable care in maintaining the property and that this failure directly caused your injury.
An experienced premises liability lawyer can help gather evidence, such as photos, witness statements, and expert testimony, to support your claim.
After a premises liability accident, seek medical attention immediately to document your injuries.
You should also report the incident to the property owner or business owner and gather evidence, such as photos of the hazardous condition and contact information of witnesses.
Consulting an experienced premises liability lawyer is crucial to ensure you understand your legal rights and can pursue compensation through a premises liability claim.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
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In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.
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