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What is the risk of a backyard trampoline?

Premises Liability

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Trampolines are a popular backyard toy, but they are a serious safety risk. Many people will let neighbors or their children’s friends come over to play on the trampoline. Doing this could put you at risk for a liability claim should a child suffer an injury.

Understanding how dangerous trampolines are can help you to decide what to do and prepare yourself to make a safer space for visitors.

Risks

The Cleveland Clinic explains trampoline injuries can result from many situations, but the most common are falls. Other issues may come from trying to do stunts, which can result in head, shoulder, neck and back injuries. The springs are another danger that could result in serious injuries.

Safety

To keep things safe, you need to install different devices. Your trampoline should have a net around it and covers on the springs. In addition, you should make rules for using the trampoline. Children should never be allowed to play on it without adult supervision. You also might want to enforce a rule that allows only one person at a time on it.

Set up the trampoline on a flat and solid surface as well. Make sure that you check it often for damage. It is also a good idea to limit use to only older children since statistics show younger children are most at risk of injury.

Kids love trampolines, and they can be a great source of exercise. They also are good at keeping kids occupied for a long time. But they are dangerous. Injuries can range from sprains to broken bones. It is important that you take the time to safeguard your trampoline and ensure that you enforce rules to keep users safe.

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Slipping and falling could inflict painful injuries and even endanger your health. In the event a negligent property owner is responsible for your fall, you should know in advance how to safeguard your rights to compensation.

Keep the following three tips in mind in case you should experience a fall somewhere beyond your own home.

Take pictures and video

Chances are that you will have a smartphone on your person during a fall. Your phone is a good way to gather evidence on the scene. However, you might not be able to get up unassisted if your injuries are serious. Sfgate explains that you may try activating the recording function on your phone. This should be enough to collect pictures and sound that could be of help to you later on.

Ask witnesses to support your claims

If you were in a location with multiple patrons when you fell, it is likely one or more people watched you fall. If they agree with your account of your injury, they could bolster your claim if the property owner denies responsibility. If you are able following your fall, you may gather contact information of eyewitnesses.

Limit what you say while reporting your injury

If you report your fall to a supervisor or anyone who is in charge of the property, be cautious of what you say. Reporting that you have fallen puts your injury on the record and adds evidence to your case, but if you say something that makes it appear that you bore responsibility for your injury, the property owner could use your own words against you.

Falls can require medical treatment and even hospital stays. Older fall victims can also experience emotional trauma. If you seek compensation, be sure that you have done all you can to support your claim.

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As you decorate your property and work on features you want in your yard, you may notice that these areas could be unsafe for children.

When children enter your property, including when they are technically entering without permission, they are at risk for getting a serious injury.

Heights

According to Cornell Law School’s Legal Information Institute, children are not trespassers in the same way that adults are. You must offer reasonable protection for them to prevent them from getting hurt since they are technically an invitee.

Tall pieces of equipment and huge metal structures used for construction can be potential sources of injury if children climb up on them. Falling from a few feet above the ground can lead to serious head or back trauma, including spinal cord issues.

Interesting structures

One of the most common structures that you may find in a yard is a swimming pool. Children can easily fall into the water, especially if there are no signs or warnings surrounding the area.

An old car that you are working on may have sharp parts and rusted pieces of metal in it. Since this could attract children’s attention, there are many ways that this could be appealing to them to play on. Construction sites and equipment can also have the same problems.

Fun equipment

Since children are too young to know how dangerous skateboard ramps and tree houses can be, taking reasonable measures to keep them secure is important. Locking up entrances and putting warning signs around the area can help keep them from falling or hitting their heads.

Knowing what qualifies as an attractive nuisance and how these places and items can lead to injuries is important for anyone who owns land.

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If you lose your footing and injure yourself in a store, you may face a host of new challenges, such as physical pain, inability to perform daily functions like you used to, and inability to work to support your family while you heal. Even if you are not eager to bring a lawsuit and go through the legal process, you need compensation for the economic and physical toll that your accident has taken on your life. Under what circumstances can you hold the storeowner legally responsible for a slip and fall?

What makes a storeowner legally liable

The mere fact that you suffered an injury inside of a store does not automatically make the owner liable for your injury. Instead, your attorney will have to prove the existence of certain elements before you stand a chance of being successful in a lawsuit.

First, there must have been a dangerous condition. In the setting of a store, this is most often something like spilled liquid, uneven stairs, a broken railing, unstable shelves and so forth.

Next, your attorney must prove that the storeowner or their employees knew about the hazard, or that they would have known about it if they had exercised a reasonable level of prudence and care.

Finally, the storeowner’s employees must have failed to take adequate steps to mitigate the danger – such as by quickly mopping up the spill, posting signs, and otherwise warning customers of the potential danger. This is because California law imposes upon every property owner the responsibility to exercise reasonable care to keep their premises safe for visitors.

What you can recover

If you are successful in your lawsuit, you can seek compensation for your medical bills. You can also ask for damages resulting from your physical and emotional suffering, as well as any missed pay resulting from your inability to work. In rare cases, if your injury results in permanent disability, you might be able to recover for your loss of future earning capacity.

Slip and fall cases can be nasty, and can result in considerable suffering for the victim. Sometimes, pursuing a claim against the storeowner is the only way to be made whole again after the accident.

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There are many different types of accidents that can occur on premises such as stairways. Falling on a stairwell can result in severe damage or even death to the individuals involved. The state of California has several regulations to ensure the safety of its citizens while using public stairs. An experienced personal injury lawyer in Sacramento has the knowledge to the legal requirements of stairways but the following is a partial list of the regulations stairs must meet in California:

  1. Stairs serving an occupant load of more than 50 must have a width of at least 44 inches: Stairs serving an occupant load of less than 50 must have a width of at least 36 inches b. Private stairways serving an occupant load of fewer than 10 must have a width of at least 30 inches
  2. Trim and handrails must not reduce the width more than 3 ½ inches less than the minimums listed above: The sides of the staircase may not reduce the width of more than 1 ½ inches less than the minimums outlined.
  3. Each step in a stairway must be between 4 and 7 ½ inches tall: The height of the tallest step must not exceed the height of the shortest step by more than ⅜ inch.
  4. Each step must have a depth of at least 10 inches: The depth of the deepest step must not exceed the depth of the smallest step by more than ⅜ inch.
  5. Private stairs serving less than 10 individuals and stairs leading to unoccupied rooftops may have stairs with a maximum height of 8 inches and a minimum depth of 9 inches.
  6. All stairs must be slip resistant.
  7. All stairs must be clear of all obstacles and be in good repair.
  8. Circular stairways must have a minimum stair depth of 10 inches: The central radius must not be less than twice the width of the stairway
  9. Landings
    • Length must be at least equal to the width of the stairs and must not exceed 4 feet when the direction of the staircase does not change.
    • When landings are used to turn the direction of the staircase, the width must not be reduced to less than half the required width.
    • Doors that open into a landing may not reduce the width in any direction by more than 7 inches less than the minimum as outlined in section 1.
    • There must not be more than 12 vertical feet between landings.
  10. Every building with 4 or more stories must have an exit to the roof from one set of stairs: This is not required for buildings with a roof slanting greater than 4 in 12 units (e.g. raises more than 4 feet every 12 feet)
  11. Stairways must have at least 6 feet 6 inches of headroom from the step to the ceiling: If there is not 6’6” of room above the stairs, the stairs must be relocated or the obstruction must be removed. If neither of these can be accomplished, there must be an adequate warning of the obstruction posted. Padding must be provided when appropriate.
  12. Some exit stairways are meant for emergencies and must be protected from the rest of the structure
    • The stairway must be constructed of at least two-hour fire-resistant materials in buildings with 4 or more stories
    • The stairway must be constructed of at least one-hour fire resistant materials in buildings with fewer than 4 stories c. Doors must have some method of self-closure
  13. 13. Stairways must have handrails on either side. Stairs with a width of more than 88 inches must have intermediate handrails for every 88 inches in width that are placed approximately midway.
    • Stairways with a width of less than 44 inches may have only one side rail. Any side that is open must have a railing.
    • Stairways with less than 4 stairs do not need to have handrails.

There are many other regulations regarding the specific construction of stairs and handrails that may be viewed at state websites. It’s always best to speak with a knowledgeable personal injury lawyer in Sacramento if you or someone you know has been injured due to stairways.

Do You Have a Case?

Accidents occur on the stairs all the time – how do you know you have a case against the owner of the property? Property owners have a liability for staircase accidents that are very similar to normal slip-and-fall cases. To prove fault, the following must be established:

  1. The owner or an employee of the owner caused the dangerous stairway condition. Liquid on the stairs, worn tread causing a slippery surface, a tear in the stair covering that may cause someone to trip, etc.
  2. The owner or employee of the owner was aware or should reasonably have been aware of the dangerous condition within responsible maintenance and observation of the stairs.
  3. The owner neglected to remedy the dangerous condition of the stairs.
  4. The injury incurred by the plaintiff was a direct result of the dangerous condition.

The court will take into consideration whether the plaintiff was acting recklessly or had a reasonable purpose for being on the stairs. It is important to take careful observation of the stairs when you experience an accident. Worn carpet or wood may not look especially dangerous, making it all the more so as individuals won’t think to take special care.

Have You Experienced a Fall on a Stairway?

The injuries that can be sustained from these falls are limitless. It’s important to contact a legal representative who is knowledgeable and dedicated to your case so you get the compensation you need and deserve.

If owners are acting carelessly or negligently and result in your injury, you must speak with a knowledgeable personal injury lawyer in Sacramento who can evaluate your case and fight for the compensation you deserve. Give us a call now for a free consultation at (916) 357-6767.

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It is a nightmare situation that happens all too often; a child incurs an injury while under the care of a trusted childcare facility. Daycare staff must go through rigorous background checks and first aid training. Even a small mistake can have dire consequences- just a few years ago a young child died after ingesting a pushpin at a daycare facility. The child was permitted to use the restroom without supervision and discovered and swallowed a pushpin in this time. These types of cases are horrific and devastating, especially when it’s entirely preventable. If you or someone you know lost a child due to the negligence of a daycare facility, contact an injury attorney in Sacramento immediately.

Hazards

  • Improper storage of cleaning materials and medications
  • Improper storage of sharp objects such as scissors and knives
  • Stairwells or entryways to dangerous areas such as high-traffic hallways
  • Poorly maintained daycare vehicles
  • Poorly maintained or manufactured furniture
  • Poorly maintained, manufactured, or organized storage facilities, for example with heavy materials stored on high shelves, increasing the risk of collapse or falls.
  • Improper use of cribs
  • Use of any recalled products
  • Insufficient supervision in a wide range of circumstances

Possible Injuries

  • Falling
  • Being struck by falling objects
  • Ingesting a dangerous item
  • Choking
  • Pet bites
  • Bites or injury from other children
  • Poisoning
  • Chemical burns
  • Injury during transportation in daycare vehicles
  • Physical abuse from staff
  • Emotional abuse from staff

No parent should ever have to go through losing a child. The emotional agony in addition to financial burdens can be overwhelming. Contact an injury attorney in Sacramento who can fight your legal claim.

Applicable Laws & Regulations

  • There must be a ratio of 1:4 staff to children when children are 6 weeks to 18 months
  • There must be no more than 12 children receiving care at a facility at one time when children are 6 weeks to 18 months
  • There must be a ratio of 1:6 staff to children when children are 18 months to 3 years
  • There must be a ratio of 1:12 staff to children when children are 3 to 4 years
  • There must be a ratio of 1:14 staff to children when children are 5 years and older
  • There must be emergency numbers posted by every phone in the daycare facility
  • There must be a stocked and easily reachable first aid kit at the facility
  • Hazardous chemicals and poisonous materials should not be accessible to children
  • Staff must be certified in pediatric first aid

There are many other relevant laws, including those regarding licensure and background checks of employees. Every case is different and an experienced injury attorney in Sacramento can help you with yours.

Though many daycare facilities require parents to sign forms promising not to sue should their child be injured while in the center, these usually do not hold up in court if the injuries are severe.

How to Build a Case

  1. Prove the daycare facility had a duty of care to protect the child from harm
  2. Prove the daycare facility violated this duty of care
  3. Prove that this breach of the duty of care resulted in an injury to the child
  4. Prove the foreseeability of the injury
  5. Prove the extent and expense of the injury of the child

What to Do after an Incident

While it may be the last thing a parent wants to think about, especially in the tragic case of a child’s death, it’s important to act within a reasonable amount of time to hold the daycare responsible for their negligence. This gives you the financial means to recover from the cost of care for your child and possibly prevents future incidents.

Daycare centers are required to do everything possible within reasonable means to protect a child from injury. Neglecting this responsibility could be considered as negligence in a court of law. The cost sustained from injury may include actual medical costs, loss of income due to missed work, as well as compensation for pain and suffering.

Speak with an Injury Attorney in Sacramento about Daycare Negligence

If you have a child that has suffered physically or mentally while under the care of the staff at a daycare facility, it is important to contact a knowledgeable law firm who can help you get the compensation you deserve. Call (916) 357-6767 for a free consultation with an injury attorney in Sacramento.

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As if being robbed or assaulted while on someone else’s property, or at a place of business wasn’t enough! Now you have serious injuries that require medical attention!

What happens if the assailant gets away and there is no possibility of recovering your damages from them? You may not know, but property owners have a responsibility to provide a reasonably safe environment, and if they do not, they may be deemed liable for injuries sustained on their premises.

Property Owner’s Responsibility

In California, property owners are required to ensure their premises are safe, habitable, and in good working condition. If any of these conditions are not met, then the property owner could be sued for damages that result from their neglect. This is governed by premises liability law and determining whether or not you have a case can be a complicated task. You should consult with a personal injury attorney if you have been injured on another’s premises and feel the injury could have been avoided had the property been properly maintained.

What Does Safe Mean with Regards to Crime on the Premises?

The law states that for a property owner to be liable for injuries sustained on their property, they must reasonably have been able to detect the flaw that caused injury. In the case of a slip and fall accident caused by a broken stairway, the landlord most certainly should have noticed and remedied the issue.

When we enter the realm of injuries caused by crime on that same landlord’s premises, it becomes more difficult to prove that the owner should have reasonably assumed the crime could happen. Better yet, how could the landlord have mitigated the occurrence of that crime or further protected those that occupy the property? These are all questions for a qualified Sacramento personal injury attorney, call today for a free consultation!

If it can be shown that crime is prevalent at a location, and the landlord was aware, California law may require them to have security on the premises. If security was not present, or security was acting negligent, there may be grounds for a suit. Precautions that could or should be taken include:

  • Hiring security personnel
  • Restricting street access to the premises with fencing or gating
  • Modifying operating hours
  • Trimming foliage to allow clear lines of sight
  • Installing anti-crime light fixtures
  • Installing security cameras

Contact Sacramento Personal Injury Attorney Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6767 today for a free consultation with our Sacramento personal injury attorney regarding your personal injury case.

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Dog bites are a very common form of injury for both adults and children. Every day, 1,000s people get bit by dogs and need medical attention. It is recommended that if you or someone you know has experienced an animal bite of any kind, you should seek medical attention immediately. Dog bites can be minor or they can have serious consequences, including permanent disfigurement, psychological trauma, and in rare instances, death.

Laws dealing with dog attacks vary in every state but typically states recognize a common law cause of action, creating liability for owners who know their dogs are dangers. Many states have passed dog bite statutes that can create liability in most dog bite cases, with limited defenses available to dog owners.

If you or your children are bitten by a dog contact an experienced attorney in animal bite cases because very often, people can get monetary compensation for their injury and the damage caused by it. Depending on the seriousness of your injury, you may receive compensation for: medical expenses, lost wages, pain and suffering, and even property damage.

Frequently Asked Questions About Dog Bites & Attacks

A dog is Man’s best friend, right? Well… not always! Just like a person’s, a dog’s personality is heavily affected by the way its raised. Some dogs are brought up with the intent of creating a mean and vicious animal for the purpose of protection, while others develop aggression issues as a result of repeated abuse or neglect.

Unfortunately, the end result is often the same.

Who Is Likely to Be the Victim?

Statistics show that children have an overwhelmingly higher chance of being attacked by a dog when compared to adults. Here are some startling statistics regarding dog attack frequency by age group:

  • The CDC estimates 50% of children under 12 have been bitten/attacked by a dog
  • 79% of fatal dog attacks involve children
  • 50% of fatalities caused by dog bites involve children under 2
  • 82% of dog bites treated involve children under 15
  • Half of all dog bites happen to children under 8
  • 65% of dog bites in children occur to the head and neck
  • Newborns are 370 times more likely to be killed by a dog than an adult
  • Over 87% of children who die from being bitten occur when the child was left unsupervised with a dog or wandered off unsupervised to the dog’s location

If you or a loved one has experienced the trauma of a dog bite or dog attack, contact a Sacramento injury attorney to discuss your options and appropriate action.

Why the Children?

Children have not yet learned the physical signs of danger that adults have, and as a result, do not understand the dangers a dog can pose. As an adult, we understand that if a dog is growling, or showing their teeth, we should probably stay away. A small child has absolutely no idea, and may inadvertently provoke an animal that otherwise wouldn’t have attacked. Adults also understand that sneaking up on any animal, even a person, can be met with dire consequences. Children are more likely to startle a sleeping dog or approach a dog while they are eating, increasing the frequency at which they are attacked.

Not only is the frequency of animal attack higher with children, but the severity of the injuries incurred is also often far more serious. Children are not strong or coordinated enough to fend off a small dog during an attack, let alone a large dog that would give adult issues. You can understand how severe the injuries could be to a small child who is unable to protect themselves.

Who Is Responsible?

A dog’s owner is responsible for their actions at all times – whether or not a case for injury liability can be made is a different story entirely.

In order for the dog’s owner to be liable for injury compensation, the following must be established:

  • The person’s injury was incurred by the dog whose owner is the defendant
  • The injury victim was on public property, or on private property with the permission of the property owner, at the time of the incident

In the most heinous of cases, criminal charges can be brought against the dog’s owner in addition to any civil cases filed. In order for criminal charges to be brought, the dog must be classified as “vicious”, or “dangerous”:

A Dog Is Considered “Vicious” When:

  • A history of aggressive behavior resulting in defensive action by an attacked person on two or more separate occasions in the 36 months prior to the incident
  • Has bitten another person, unprovoked, even if the injury was not severe
  • Has bitten, injured, or killed a domestic animal at least twice within the past 36 months

A Dog Is Considered “Dangerous” When:

  • Is owned by a person who has been convicted of an offense related to illegal dog-fighting
  • Has aggressively injured or killed a human being
  • Has been listed as a “dangerous” dog, but whose owner(s) did not adhere to the Food and Agriculture Code’s precautions on keeping dangerous dogs

Here’s a List of Dogs Classified as “Dangerous Dogs”

  • Pit Bull
  • American Pit Bull Terrier
  • American Staffordshire Terrier
  • Staffordshire Bull Terrier
  • Rottweiler
  • Doberman
  • German Shepherd

Are You the Victim of a Dog Attack? Speak with a Sacramento Injury Attorney About Your Injury Case!

A dog attack can be a devastating experience that leaves the victim with long-term physical and psychological trauma. If the victim is a child, the consequences can be even more severe. Don’t go through this difficult process on your own. Call the dog bite experts at The Weinberger Law Firm and speak with our Sacramento injury attorney for a free consultation today!

Preventing Dog Bites & Attacks

California law states that the owner of any dog is liable for the damages suffered by any person who is bitten or attacked by the dog while in a public place or lawfully in a private place. California is a “strict liability” state for dog bites. This means that an owner cannot escape liability for a dog bite by claiming that he or she had no idea the dog would act aggressively. If you are a dog owner, you must take certain precautions to prevent any attacks and avoid a lawsuit.

If you or someone you know has been attacked by a dog, contact an experienced personal injury lawyer at our Sacramento office for a free consultation. The dog owner could be held liable.

We consider dogs as friendly, fun and loyal pets. However, there are many situations that might lead to a dog attacking another person such as:

  • The animal might have been abused
  • The animal might be scared or confused by surroundings
  • The animal might be trying to protect the owner or property
  • The dog might have some type of illness like rabies

As a dog owner, you must take care of your dog both physically and mentally to ensure he is safe around other people. Dog bites can cause a lifetime of injury or even wrongful death. Some types of injuries that can be sustained after a dog attack include:

  • A catastrophic injury like muscle or nerve damage
  • Loss of extremities such as bone damage or loss of limbs
  • Permanent scarring or facial disfigurement

Things You Can Do to Prevent a Dog Attack

Remember, the law requires dog owners to take care of their dog. Here are some things you can do to keep your dog physically and mentally healthy:

  • Walk your dog regularly to get his or her energy out
  • Never leave your dog tied up for a long period of time as this can result in unwanted aggression
  • Have your pet evaluated by a veterinarian
  • Don’t keep dogs in packs as this can result in attack behavior

What to Do If You Think a Dog May Attack

If you are approached by a dog who you feel might attack you, follow this advice:

  • Resist the impulse to scream and run away
  • Remain motionless, hands at your sides, and avoid eye contact with the dog
  • Once the dog loses interest in you, slowly back away until he is out of sight
  • If the dog does attack, “feed” him your jacket, purse, bicycle, or anything that you can put between yourself and the dog
  • If you fall or are knocked to the ground, curl into a ball with your hands over your ears and remain motionless

Statistics of Dog Attacks

As a dog owner, it is your responsibility. Here are some statistics to remind you how important it is to take care of your dog to make sure he or she will never hurt anyone:

  • 3.7 million people in this country are bitten by dogs every year
  • Children are by far the most common victims
  • 800,000 Americans receive medical attention for dog bites each year
  • Children are far more likely to be severely injured, approximately 400,000 receive medical attention each year
  • Most dog bites affecting young children occur during everyday activities
  • Senior citizens are the second most dog bite victims
  • Almost one-half of all dog bites involve an animal owned by the victim’s family or neighbors

Remember that dog owners have a responsibility to make sure their dogs are safe enough to be around other people. If you or someone you know has been attacked by a dog, contact an experienced personal injury lawyer at our Sacramento office for a free consultation. The dog owner could be held liable.

Aggressive Dogs

For the millions of dog owners in America, a dog serves not only as a companion but could also provide security and emotional support. Unfortunately, however, dog aggression could lead to serious injuries if a victim is bitten. Understanding dog aggression is important for both dog owners and non-dog owners. If you’ve been attacked by a dog, contact a personal injury attorney who can evaluate your case with you and determine your best course of action.

What Is Aggression?

There are several types of aggression such as:

  • Play-escalation
  • Frustrated
  • Resource guarding
  • Territorial
  • Pain-induced
  • Fear-related
  • Social status
  • Intra-sex
  • Hormonally driven
  • Medication-induced
  • Health-related
  • Learned behavior

Aggression is defined as the threat of harm to another individual involving snarling, growling, snapping, biting, barking, or lunging. The most common reason for the aggression is fear but other factors can contribute to it. Understanding what aggression is and what causes it can help treat it and make society safer for everyone.

It is important to understand how a combination of the environment and hormones can affect the behavior of a dog. Hormonally driven aggression is usually caused by a female dog being in season. It can involve males fighting due to the presence of a female in heat or the female herself fighting with other dogs of either sex. Aggression in female dogs during their heat is a common complaint and it’s important dog owners take every precaution possible to avoid aggression.

Keep in mind that female dogs go into heat for a few weeks twice a year which is a considerable length of time. Identify the triggers that induce aggression and isolate her from those triggers, especially if children are involved. If you don’t plan on breeding her, having her spayed will be helpful in eliminating the aggression.

Symptoms of Aggressive Dogs

Dog aggression should never be taken lightly. If you suspect your dog to be aggressive, keep an eye out for some of these symptoms:

  • Excessive barking
  • Growling
  • Overprotectiveness of possessions
  • Fearfulness in new situations or around strangers
  • Severe attacks on other animals such as cats
  • Attempts to mount people’s legs
  • Frequent attempts to chase moving objects such as bikes
  • Repeated escapes from home

Remember that dog owners have a responsibility to make sure their dogs are safe enough to be around other people. If you or someone you know has been attacked by a dog, contact an experienced personal injury attorney as the dog owner could be held liable.

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We all know that we need to have certain types of insurance, and our agents tell us that we should have other types, but how do we know what insurance we really need? Lucky for you, we understand your situation and have taken the time to provide you information on important lines of insurance that everyone should carry.

Premises liability insurance is generally included in a homeowners insurance policy, or a commercial General Liability policy package, and covers owners for liabilities related to their ownership of real property. It is important to note that premises liability falls under a general liability policy, and policyholders will only be covered for damages related to bodily injury and property damage (“BI / PD”) and personal injury (PI). Contact a personal injury lawyer for any specific questions you have.

Common Premises Liability Claims

  • Dog Bites and Other Animal Related Injuries – Pet owners are liable for the injuries that their animals cause to others regardless of where that injury takes place, but if that incident takes place at your home, your premises liability coverage on your homeowner’s policy is designed to provide coverage. As long as your policy does not contain a dog bite exclusion, you will be able to make a valid insurance claim – it should be noted, however, that some policies will have a special exclusion that excludes certain breeds, such as a Pit Bull, Rottweiler, or German Shepherd. It is always important to pay attention to the exclusions on your policy.
  • Slip and Fall Injuries – There are different codes and regulations set for the maintenance and construction of buildings and property, and these rules are made to protect the people who need to use that property. When a property has fallen into disrepair or a known danger is ignored and not corrected, the property owner will be held liable if someone is hurt as a result. Your general liability insurance policy should cover this – these are the most common premises liability claims
  • Discrimination Damages – In the same way there are codes and regulations to ensure the safety of a property, there are rules in place to make sure that buildings and businesses catering to the general public are inclusive to all patrons. This means that individuals with disabilities must have adequate accommodations allowing them to use the facility. This is why businesses and government buildings all have wheelchair ramps and disabled bathrooms and parking made available. Individuals who ignore the codes and regulations open themselves up to possible Americans with Disabilities Act (“ADA”) lawsuits. A general liability policy (which will include premises liability) could provide coverage in this scenario, as long as the damages being sued for are BI/PD or PI, which is not always the case. If the plaintiff is an employee, your general liability policy will not cover those damages.

If you have been injured on someone else’s property as a result of poor maintenance, design, or general irresponsibility, please call a personal injury lawyer for a free consultation today! We are experts in the field and are here to help you through this challenging time.