Slate's Law Blog Premises Liability: Understanding Various Types Claims

Premises Liability

The area of personal injury law is broad and includes many different types of claims that can arise from a wide variety of accidents and other incidents. Within personal injury law, there is a particular type of claim known as a premises liability claim. Yet even the area of premises liability is relatively broad itself, and it can be complicated to learn about the distinct types of premises liability claims, especially since some of them might seem quite different from one another. Our Santa Fe personal injury lawyers want to provide you with more information about premises liability law and the different types of premises liability lawsuits that an injured person may be able to file against an at-fault party.

Premises Liability Claims: Slips, Trips, and Falls

Premises liability law says that a property owner (or another person in control of the property, such as a commercial or residential tenant) can be responsible for injuries that occur on the property. Liability for these injuries can arise in different ways, and one way is through a slip, trip, or fall accident. Slips and falls can happen nearly anywhere, and property owners can be at fault in some circumstances. The U.S. Centers for Disease Control and Prevention (CDC) reports that about 20% of all falls result in a serious injury such as a fracture or a traumatic brain injury (TBI). Is a property owner always liable?

Generally speaking, a property owner in the Santa Fe area can be liable for injuries in a slip and fall if there was a hazardous condition on their property that a reasonable property owner would have corrected or warned visitors about. Hazardous conditions might include, for example, a liquid spill, or damaged or torn flooring. However, injured people can also bear some—or all—responsibility for their own injuries if they slipped and fell because they were texting while walking or intoxicated.

Premises Liability Claims: Negligent Security

Premises liability law can also include negligent security claims. What is negligent security? A property owner (or, as we mentioned above, another person in control of the property, such as a commercial or residential tenant) can be responsible in some cases for third-party assaults caused by negligent security. For example, a hotel or motel owner can be responsible for a criminal act that occurs on the property as a result of that hotel or motel owner’s failure to replace a broken window or door lock. Or, for instance, a retail store or nightclub owner can be responsible for a criminal act that occurs on the property for failing to hire a security guard or installing lighting in the parking lot area.

Attractive Nuisance Injuries

In some cases, premises liability law can also include claims against property owners resulting from injuries on “attractive nuisances.” When a property owner has some feature on their land that is “attractive” to a child or another passerby such that they may trespass onto the property—such as a swimming pool, a playground, a trampoline, a skateboarding ramp, or a pet cage—that property owner actually can be liable for injuries resulting from the trespasser’s use of the attractive nuisance.

Contact a Premises Liability Lawyer in Santa Fe

If you have questions about filing a premises liability lawsuit, our Santa Fe personal injury attorneys are here to help. Contact Slate Stern Law to learn more.


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