Premises Liability Archives - Chicago Injury Center

Building Codes Intended to Keep Property Safe and Free From Defects

August 4, 2015 By Pearl Filed Under: Premises Liability

Codes for Buildings Are for Keeping Property Safe You have probably heard that many individuals suffer injuries in buildings that were not “up to code.” But exactly what does “up to code” mean, who is responsible and who defines whether the structure meets specific building codes?

Federal, state and municipal governments mandate that each building structure be designed, constructed and maintained to ensure a specific level of safety. Building codes are required for office complexes, grocery stores, hotels, hospitals, department stores and any location where others work, visit or live. It is the legal obligation of owners and possessors to keep their property free of any dangerous or hazardous condition and can be held responsible for “premises liability” should someone become injured.

Code violations can easily create serious conditions where victims might slip and fall, be electrocuted or injured by malfunctioning or defective equipment. These types of hazards are often the result of a code violation that could include:

Stairways with missing or broken handrails
Uneven surfaces without adequate posted warnings
Rotting, warped or crumbling stairways
Insufficient lighting at curbs, stairways and on uneven surfaces
Missing slip-resistant entryway mats that minimize falling on a slick surface
Pooling water from the downspout that creates icy patches
Neglected accumulated ice and snow
Fires caused by defective electrical wiring, faulty heaters and stoves
Malfunctioning elevators and escalators
Other hazardous condition

Building Code Inspectors

Before any new building or remodel project can be constructed, the plan and design must meet local ordinances and laws ensuring safe building construction and easy maintenance. Most municipalities, cities and states follow the well-established IBC (International Building Code) standard enforced to ensure the general public remain safe while using the structure.

To maintain enforcement of the building code, most jurisdictions employ inspectors that rely on current codebooks for both residential and commercial properties. Building plans for new construction, remodeling and restoration are only accepted once they meet all applicable building codes. Upon construction, the local inspector will visit the job site to ensure each phase of the construction meets the approved design, which ensures public safety.

Reporting a Violation

Over time, nearly any building can fall out of code and place occupants, visitors and others in harm’s way. Inspectors usually only know about violations of the local, state and federal building codes through a complaint filed by individuals visiting, working or living on the site.

Reporting violations to the local building inspector places the property owner, management and others on notice that they are open to premises liability by injured victims. Nearly any individual suffering injuries caused by building code violations has a case against property owners, government agencies or others in charge of maintaining the premises. This includes residential homeowners if the injured victim was a visitor.

Every property owner must ensure that each part of the building structure including sidewalks and parking lots remains in compliance with state, local or federal building codes. As an example, if the victim is injured by a broken handrail, accumulated ice from a previous snowfall or slippery surface caused by spilt liquids, the property owner might be legally liable through a claim or lawsuit.

Filing a Lawsuit or Claim for an Injury Due to a Code Violation

Filing a case for compensation is necessary to ensure the victim receives adequate recompense. However, proving exactly who is at fault in a premises liability case is typically a complicated task. However, reputable attorneys can evaluate the claim for compensation, discuss legal theories of liability and how it applies to the case to determine the best possible legal action to move the claim forward.

A skilled personal injury law firm specializing in premises liability claims will help collect evidence from the accident scene and meet with local inspectors to evaluate the dangerous condition. Investigators hired by the attorney will take photographs and make note of any defect at the site, or those quickly repaired by property owners.

In addition, the lawyer will gather eyewitness accounts who can provide testimony on any safety issue or defect on the property. The attorney will look for any red flag, notice of violation or written warning issued by a local code enforcement department indicating that the owners or others in charge of the property were aware, or should have been aware, of any existing problem.

Nearly all building code violations prove negligence. Using the violation is an easy way to shift the legal argument about who is liable to redirect focus on the amount of recompense owed to the victim.

Falling Brick Disaster Reminder for Building Owners

July 30, 2015 By Pearl Filed Under: Premises Liability

Falling Bricks can be Dangerous Aging buildings in many communities are causing hazardous conditions to individuals working, visiting or living nearby. In May 2015, a young toddler became the victim of a devastating brain injury when bricks from an old building’s window ledge at 74th St. and West End Ave. in New York City fell and struck the two-year-old girl.

While traveling on the sidewalk, Greta Greene was resting in her grandmother’s arms at approximately 11:05 AM when a large piece of dilapidated brick fell eight stories from a senior citizen nursing facility and struck the child. Bystanders including a nurse that works at the facility provided aid to both victims. While the grandmother was led to a bench nearby, CPR was administered to the unconscious child.

Both victims were immediately transported to Cornell Medical Center where the toddler still clings to life after an operation that removed a portion of her skull to alleviate swelling and minimize bleeding in the brain. The grandmother received treatment for serious leg injuries.

This is not the first time building inspectors have been called to the Esplanade Manhattan nursing facility. However, on this trip, inspectors issued two New York Department of building complaints within minutes after the incident occurred. The violation noted that the owners of the facility had failed to properly maintain the structure in a “safe and code-compliant manner.”

The building’s hazardous exterior has created issues for the property owners before. During 2010 and 2011, the owners of the nursing facility paid over $6000 in fines to the city’s Department of Building because they failed to show that any facade inspection had been performed in a timely manner. The state of disrepair of the building is obvious from the sidewalk and street, where at least two exterior windowsills were found to be missing bricks.

Premises Liability Cases Involving Exterior Building Maintenance

Injuries and damage caused by dangerous or defective materials on the outside of the structure is legally referred to as “premises liability.” Unfortunately, these types of accidents are commonplace in offices, stores, retail establishments and commercial buildings along with private residences or rentals. They can also occur on public property including on streets, parks and public transportation buildings.

Structures can be dangerous for a variety of reasons including faulty designs, defective building materials, shoddy construction, lack of maintenance or the collection of accumulated dangerous clutter. In many incidences, premises liability extends to slipping, tripping, falling, or having objects including bricks fall on the victim.

Providing a Safe Environment to Both Users of Building and General Public in Vacinity

The owner, tenant, occupier or manager of the property is duty bound to provide a safe environment to anyone legally on the property. This could include a business visitor, personal visitor, shopper, tenant or worker. By law, the owner or occupier of the building has legal control over the premises and must ensure everyone’s safety.

When individuals are injured, the property owner and/or occupier are typically legally at fault and required to pay compensation through a claim or lawsuit. However, these types of cases are complex and often require the skills of an experienced personal injury attorney who specializes in premises liability claims. This is because the victim must prove which parties are at fault for the accident and show that they knew, or should have reasonably foreseen, that the problem existed but took no action to remedy the situation in a timely manner. In addition, the victim must prove that the property owners or others were negligent in their actions or inactions, which directly caused the injuries to the victim.

Hiring an Attorney to Prosecute a Premises Liability Case

Any victim who has suffered serious injuries by falling bricks should seek out immediate medical assistance and hire a reputable personal injury attorney as quickly as possible. This is because all claims for compensation must occur before the expiration of the state’s statute of limitations that restricts the amount of time the victim can file an injury lawsuit.

Nearly all of these types of cases are handled on contingency. This means the attorney provides an initial free consultation and will accept the case without the need of any upfront fees. Because the lawyer handles all legal issues involved in the case, the victim can then focus on healing from their serious injuries while holding those responsible legally accountable for their negligence.

Who to Blame for a Fall at a Store?

July 27, 2015 By Pearl Filed Under: Premises Liability

Falls in a Store.... Who is at Fault Mistakes occur all the time that cause physical, psychological or financial damages to victims. However, an unintentional accident occurring in a business establishment can lead the victim to file a lawsuit or claim against the company for various reasons. Funding might be needed to pay ongoing medical bills or cover intangible damages including pain and suffering. But exactly who is to blame for a fall at a store and how is liability determined?

The retail industry has gained success serving customers by providing services and goods. The flow of consumers visiting each establishment generates profits for the company in exchange for meeting the specific needs of the patron. However, any time a customer enters the store, the potential risk of a slip, fall or injury exists. Visitors can slip outside the establishment on an icy or rainy day, trip on welcome mats when entering the store or lose their balance on freshly mopped aisle ways.

By law, the property owner, tenant or occupier has a legal duty to ensure that the property remains in reasonably safe condition. Any on-site hazard, whether known or unknown, needs to be dealt with immediately by barricading customers and employees from the area or eliminating the problem altogether. In many scenarios, if the owners, managers or occupiers failed to maintain a reasonably safe environment, they can be held legally liable for any injuries directly associated with the danger.

As an example, if a patron suffer serious injuries after slipping on liquids spilt by another inside a store the company may be legally liable. However, the victim will need to prove that the spilt liquids were there long enough for a store employee to see it and either barricade the area or clean it up.

Common types of store injuries involve:

Spilled liquids causing wet surfaces
Aisle way obstructions
Fallen merchandise
Faulty stairway
Broken escalator or elevator
Broken glass occurring from damaged windows, showcases and shelving
Revolving door breakdown
Slamming doors
Insufficient security
Snowy and icy sidewalks and parking lots
Insufficient lighting around the store and in the parking lot

Obtaining Compensation For Personal Injuries Resulting From an Accident at a Store or Business

Proving a case for compensation can be difficult. However, if the store has security video cameras in place, an attorney working for the victim can subpoena the recordings to prove how long the spilled liquids were present on the floor. A skilled personal injury lawyer who specializes in premises liability cases will need to develop a claim or lawsuit that meets the burden of proof showing how negligence by others caused injury to the victim. The attorney will need to prove specific elements that include:

A dangerous or hazardous condition directly caused the injuries.
The retail establishment knew, or should have known, of the dangerous condition.
The retail establishment failed to remedy the dangerous condition or eliminate it.
The victim in no way contributed to their own injuries.
The hazardous condition directly or proximately caused the injuries.
The injury and any subsequent damage sustained by the victim is real.

Nearly every negligence claim or lawsuit filed against retail establishments follow the points above. Successful outcomes for financial compensation require believable evidence. The victim will need to prove that the dangerous condition existed and that they called for medical attention by others in the establishment or through 911 emergency. If possible, photographs should be taken of the area to show the condition at the time of the accident. Any additional evidence needs to be collected if possible.

Building a Case for Compensation

Any witness or Good Samaritan offering assistance can provide eyewitness accounts. Because of that, it is essential that the name and contact information of every person at the scene be collected. In addition, employees working at the time of the incident can provide statements and details in a store incident report can provide valuable information as to exactly what happened.

A reputable personal injury attorney who specializes in premise liability claims will ensure that the victim receives proper medical treatment from competent healthcare providers. The lawyer will usually seek adequate compensation to cover lost wages, medical expenses and other damages. Nearly all of these cases are settled out of court through complex negotiations. Other cases are presented in front of a judge and jury during a lawsuit trial.

Applying Homeowners Insurance Coverage to a Trip and Fall Accident

July 19, 2015 By Pearl Filed Under: Premises Liability

Homeowner's Insurance to Slip and Fall Cases Liability for a slip and fall accident does not just occur at retail shops, big-box stores and commercial establishments. Homeowners can also be found legally responsible for any individual injured in a trip and fall accident that happens at their home. In many cases, the injured party will file a claim or lawsuit against the homeowner’s insurance coverage as a way to seek recompense for their injuries, damages and losses.

Homeowner Negligence

This type of premises liability claim or lawsuit is based on negligence. This means that the victim must prove how the homeowner’s action or inaction caused their injuries. This is because homeowners are usually only legally liable for accidents occurring on their property if it can be proved they were negligent and that that negligence directly caused injuries. Simply falling on a homeowner’s property might not be enough to show the homeowner was reckless or negligent in their actions.

It must be proven that there was an unreasonably safe condition on the premises that the homeowner knew, or should have known, existed and yet took no action to remedy the problem within a reasonable time frame. Many common trip and fall accident cases occurring on residential property occur as a slip or trip on a broken stairway, on frayed carpeting or outdoors from accumulated snow and ice.

Filing a Claim for Compensation With the Homeowner’s Insurance Company

Even conscientious, careful homeowners can get into trouble anytime an unexpected accident occurs on the premises to an individual visiting the home. Victims often file a claim against the homeowners liability insurance designed to cover unforeseen circumstances. The claim commonly seeks payments from specific benefits provided by the coverage that include:

Medical Expenses – Most homeowner liability insurance policies will automatically pay reasonable medical expenses to cover the visitor’s injuries that occurred on the premises. Even if the victim maintains their own health insurance, the homeowner can be held legally responsible for any medical expense if it is determined that the injuries directly occurred through their negligence, like failing to repair a broken stairway on the front porch.
Pain and Suffering – In many situations, the injuries suffered by the visitor involve extensive pain and suffering. Victims can seek a claim to cover all intangible damage including mental anguish, emotional trauma, suffering and pain.
Loss of Earnings – Serious injuries often leave the victim in a state where they are unable to return to their job either temporarily or permanently. Victims can seek recovery for the loss of their wages and any potential loss of future earning capacity when applicable.
Death Benefits – If the accident at the house caused the death of a visitor, the homeowner can be held legally liable under a wrongful death lawsuit. Surviving family members who can prove how the death of their loved one cause them of financial, emotional and physical loss can file a claim against the homeowner’s liability insurance policy seeking financial recovery.

Hiring an Attorney

While it might seem obvious to the victim that the homeowner’s negligence directly caused their injuries, these types of premises liability cases are extremely difficult to litigate. Because of that, many seek the advice and legal representation of a personal injury attorney who specializes in trip and fall accidents that involve homeowner insurance coverage. A skilled lawyer can build a solid case for financial compensation to ensure the victim receives adequate recompense.

Building a claim for compensation requires investigating the case, collecting evidence, speaking to eyewitnesses, reviewing premises liability laws and filing documents before the state’s statute of limitation expires. The lawyer will construct the case to show how the homeowner was legally bound to provide a safe environment to every visitor and that their action or lack of action directly resulted in the victim’s injuries.

Obtaining Adequate Homeowner Protection

Because of the complexities of these types of cases and the extent of serious injuries that usually occur, many homeowners can be left without adequate protection. It is essential that the property owner acquire a home liability policy with a high enough dollar limit to defer the financial cost of an accident to their insurance carrier. Any amount of financial payout, out-of-court settlement or lawsuit trial award that exceeds the financial limit of the policy will directly fall on the homeowner’s shoulders.

Immediate Steps Must Be Taken Following a Slip and Fall to Protect Your Rights

July 11, 2015 By Pearl Filed Under: Premises Liability

Slip and Fall Accidents and Steps to Take After the Accident Owners of commercial and residential properties are legally bound to constantly monitor their property to maintain the premises and make any repairs to a hazardous condition. Property owners are required by law to take every reasonable step necessary to recognize a potentially dangerous situation and provide adequate warning of the hazard or make timely repairs to ensure others are not injured in a slip and fall accident. When a victim does suffer injuries, they have the legal right to seek recompense. However, it is essential to protect their rights to ensure they receive adequate compensation.

Many of these slip and fall cases involve the property owner’s failure to properly maintain outdoor areas including ramblings, sidewalks, stairways, steps or decks. The incident may be the result of the owner’s failure to adequately light the area or provide adequate security. As an example, an on-site visitor might be attacked in a darkened area on the property or inside a building and have the legal right to seek compensatory damages through the state’s legal theories of premises liability.

Proving the Case Against the Owner or Maintenance Company for the Property

Slip and fall cases are built on premises liability laws based on legal theories of negligence. This means that the property owner is duty bound to act as any reasonable individual would by taking rational measures to eliminate or minimize any likelihood of someone becoming injured while on the property. However, these types of cases are challenging, a successful outcome of the case requires the victim to prove three specific elements of their claim that include:

The owners of the commercial establishment or residential property acted unreasonably.
The unreasonable act directly caused the injuries.
Because of the injuries, the victim is suffering financially compensable damage.

Because proving these three specific elements are difficult, victims often hire a personal injury lawyer who specializes in slip and fall accidents.

How Insurance Companies Can Defend a Slip and Fall Case

A premises liability personal injury attorney will file a claim or lawsuit against all defendants deemed at fault for the injuries. Property owners facing a lawsuit will typically push back using one of two potential defenses that include:

Absence of Negligence – The property owner, the defendant in the case, can legally argue that the actions or inactions they took were reasonable. In their defense, they may be able to prove that they attempted to remedy or repair the dangerous condition or posted warning signs at the site. In addition, they could argue that they used diligence and reasonable care or could not have known the hazardous or dangerous condition existed. If successful, their defense might show they have no liability in the case.
Self-Inflicted Injuries – The defendant may be able to show that the injured individual failed to use reasonable care while on the property and their actions caused their own injuries. The defendant may be able to show that the injured party recognize the debris, ice or liquids on the floor and simply ignored the condition or failed to take any reasonable step to prevent the accident, thereby self-inflicting their own injuries.

Protecting Your Rights

A premises liability attorney will inform their client to take specific steps to protect their rights right after the accident. This includes seeking immediate medical attention to help deal with the injuries along with follow-up medical care to ensure proper healing.

In addition, the victim should inspect the area where the injuries occurred and identify all eyewitnesses by collecting their names, addresses and contact information. If the accident occurred in a business establishment, the manager or supervisor should be notified to ensure a slip and fall accident report is filled out. If possible, photographs should be taken as quickly as possible by anyone’s camera or smart phone to capture the area in the condition it was in when the accident occurred.

Finally, insurance adjusters and lawyers working for the property owner or other parties at fault typically offer a quick settlement. However, the amount offered is commonly very low and not enough to cover all medical expenses, time away from work, pain and suffering experienced by the victim. Usually, it is in the victim’s best interest to hire a skilled personal injury attorney to handle the case. The lawyer will ensure that all parties responsible for the accident are held accountable and that the victim receives adequate financial compensation to cover all of their damages, losses and injuries.