Premises liability claims can stem from injuries that occur indoors or outdoors. Although property owners are typically responsible for ensuring safe conditions on the property, in some cases it can be difficult to establish liability for outdoor accidents.
What can lead to outdoor premises liability claims?
Injuries that occur outdoors have unique contributing factors. For instance, a common outdoor liability claim can stem from someone slipping and falling because of a hazard created by weather conditions. Hail, rain or sleet can make a sidewalk or entrance slippery, for example.
Sometimes premises liability claims are complicated when it comes to injuries on a sidewalk. Responsibility may be with the owner. But in some cases it could belong to the city, and a government entity may be liable. It is much more difficult to file a successful claim against the government.
Lighting is another factor that can play a role in an outdoor premises liability claim. If someone trips on steps or a deck because there isn’t adequate lighting, the owner may be liable.
Accident victims can even file a claim based on a condition called attractive nuisance. These are circumstances in which something dangerous is likely to attract children, posing a serious risk of harm. One example is a swimming pool that isn’t fenced in or doesn’t have a pool cover to prevent a child from accessing it.
Another situation in which property owners may be liable in a premises liability claim is when injuries occur as a result of unsafe landscaping. It is the property owner's responsibility to inspect and maintain trees, shrubs and other outdoor elements on the property. An example where this could lead to an accident is when a dead tree isn’t removed and it ends up falling onto someone.
Contact Jason R. Schultz at 404-474-0804 to set up a consultation to go over your case and get started pursuing legal action against a negligent property owner.