SKIP TO CONTENTWhen you enter another person’s property, the property owner is responsible for creating a safe environment for you and all visitors. Failing to maintain this environment can leave the property owner liable for any injuries or accidents that occur.
One of the most common property accidents occurs due to inadequate maintenance of premises. If you’ve experienced a property accident due to insufficient maintenance of premises, you may have grounds for a personal injury claim. Contact our Bryan Garrett attorney team today to schedule your consultation with a property accident attorney.
Examples of Inadequate Maintenance of Premises
“Inadequate maintenance of premises” is a broad descriptor for any accidents due to a property owner’s failure to create a safe environment. Most of these personal injury claims occur in businesses like stores and restaurants. However, they can also occur on private property — such as when you visit a friend’s home.
A few common examples of inadequate maintenance accidents include:
- Slip and fall accidents: Accidents in which visitors slip on a wet floor or icy sidewalk
- Falling merchandise accidents: Accidents in which a heavy item falls on a visitor, producing an injury
- Improper maintained landscaping accidents: Accidents in which broken sidewalks or overgrown landscaping cause visitors to trip
- Inadequate security accidents: Accidents from robberies or intruders that occur due to insufficient security on the premises
However, numerous other accidents can fall into this category as well.
Grounds for Inadequate Maintenance of Premises Lawsuits
If you’re considering a lawsuit or insurance claim for inadequate maintenance of premises, you’ll need to prove that the accident was another person or entity’s fault. First, you should ensure that your case meets the essential criteria for a personal injury lawsuit:
- Duty: The property owner had a responsibility to create a safe environment for visitors.
- Breach: The property owner breached that duty.
- Causation: That breach of duty caused the plaintiff’s accident.
- Damages: The accident resulted in economic or non-economic damages.
If the accident occurred due to a hazard on the property, you’ll also need to show that the property owner had reasonable time to identify and resolve the danger, yet failed to do so. For example, if a patron in a store dropped a gallon of milk and you immediately slipped on the wet floor, this accident probably would not be the property owner’s fault.
Hiring a qualified personal injury attorney can help you gather evidence to support your case.
What Damages Can You Receive in an Inadequate Maintenance of Premises Case?
If you experienced an accident due to inadequate maintenance of premises, you may be able to seek financial compensation to cover a range of damages. The most common damages in these cases include the following:
Compensatory Damages
Compensatory damages are financial damages directly related to the losses incurred from your accident. This monetary compensation can help cover:
- Medical bills
- Lost wages
- Loss of ability to work
- Increased living expenses
- Prescription drugs
- Medical equipment
- Costs associated with canceled plans
However, compensatory damages can also help cover things that do not have a direct monetary value, such as:
- Mental anguish
- Inconvenience
- Loss of opportunity
- Loss of enjoyment of life
- Physical pain and suffering
In cases of wrongful death, compensatory damages can help cover:
- Funeral expenses
- Medical care leading up to the end of life
- Loss of companionship
Punitive Damages
Punitive damages go beyond compensatory damages to punish the negligent party for their wrongdoing. Accident victims sometimes seek punitive damages when the negligent party engaged in reckless or egregious behavior, leading to the accident.
These damages are less common in personal injury cases, but you may be eligible for them depending on the circumstances of your accident.
If you’ve experienced an accident due to a property owner’s negligence, hiring an attorney can help you navigate your case effectively. Contact our Bryan Garrett PLLC team today at 405-839-8424 to schedule a consultation with a qualified property accident attorney.