Blog

Home > Blog

Premises Liability and Toxic Chemical Fumes

An accident is an unplanned event that sometimes has inconvenient or undesirable consequences, unexpectedly and unintentionally, typically resulting in damage or injury.

Most personal injury cases are because of negligence and premises liability cases.

But how do you know who is liable or at stake of an accident?

The Court may find that you are liable if someone is injured on your property. This is even if the person who is injured was a tradesperson that you were paying to carry out work on your property.

Let's figure out what are the things you should know when an accident happens on your property.

What is a premises liability case?

A Premises liability lawsuit  holds a property owner responsible for any damages arising out of an injury on that person or entity's property. Failure to keep the property safe for visitors results in "premises liability." 

Here are the frequent situations that may give rise to premises liability lawsuits.

  • Animal and Dog Bites
  • Slip and Fall Accidents
  • Swimming Pool Injury
  • Children on Property
  • Retail Store Liability
  • Restaurant Liability
  • Chemical Production Area
  • Inadequate Maintenance
  • Dangerous Property
  • Negligent or Inadequate Security

Different states follow different rules about who may recover for premises liability and under which conditions.

Types of Premises Liability Cases

There are different types of personal injury cases can be classified as premises liability cases. 

slip and fall cases

Thousands of people are injured each year by slips and fall incidents. Whether they slip or trip and fall on a wet floor, defective stairs, or a rough patch of ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not.

The first thing to consider is if it is usual to fall on or drip onto a floor and become uneven. For example, drainage grates are in the ground for a useful purpose. The property owner will not be responsible for someone slipping or tripping on it. People should expect to find or should see and avoid objects beforehand. We all must watch where we're going. However, property owners do need to be careful in keeping up their property. 

Snow and ice accidents

During winter, a property owner needs to keep the snow shoveled and salt on the ice to prevent injuries. Unfortunately, property owners do not follow safety precautions. If the property owner has put his or her visitors at risk, they may be liable for the accident. 

Inadequate maintenance of the premises

Dangerous property conditions are the result of a failure to maintain the property in good condition. All property owners should keep their properties and make reasonable repairs to avoid injuries to visitors to the property. An injured visitor, tenant, or unit owner may be able to sue for compensatory damages, both economic and non-economic.

Economic damages may include medical expenses, out-of-pocket expenses, and lost income. 

Non-economic damages may include mental anguish and pain and suffering. 

Property owners sometimes divert liability to a third party. For example, a property owner may try to blame a security company they hired but failed to prevent criminal activities in the property.

Defective conditions on the premises

Hazards on the property can cause a person to suffer critical injuries if he trips, slips, or falls. Some examples of a defective property condition are:

  • Improperly constructed staircases.
  • Loose or broken steps or handrails on stairs.
  • Collapsed floors or uneven pavements.
  • Other conditions that can pose a danger to children.

The property owner also will check if neglect is not in the defective condition of the property. Especially accidents involving children. Parents must prove to the Court that they do their duty of care as guardians during the incident.

Elevator and escalator accidents

Many of us rely on elevators and escalators in office buildings, malls, and other large buildings to conveniently travel from floor to floor. There will always be a little worry about the safety of riding on an escalator or elevator. 

There are several issues why escalators and elevators malfunction or break. These are the usual problems leading to elevator and escalator accidents:

  • Design flaws
  • Overcrowding or overloading
  • Doors opening or closing at the wrong time
  • Clothing or limbs getting caught between moving parts
  • Elevator collapse
  • Other electrical or mechanical malfunctions

When an establishment failed to address an elevator or escalator malfunction, they may be held responsible for any accidents. Also, the designer or the manufacturer of the said escalator or elevator. Besides, following cautions and guidelines in riding the escalator and elevator may reduce accidents.

Animal bites

Owners have a legal responsibility to prevent their pets from injuring people or damaging property. So when a dog hurts someone, the owner will usually have to reimburse the victim for medical expenses, time lost from work, and pain and suffering. An owner may not be liable if the victim provokes the animal to attack.

Swimming pool accidents

Swimming pools pose several risks to individuals. Some of the most common hazards and possible injuries include:

  • Drowning
  • Failure to follow safety Regulations
  • slips and falls
  • Defective pool drains

A variety of severe injuries, worst death are cases that victims may suffer. The property owner is responsible for taking reasonable steps to secure the property or sometimes to remove dangerous property features. 

Amusement park accidents

The crucial cause for accidents at amusement parks is park liability, rather than personal liability. Even if a rider was not riding correctly, it is likely because the attendant was not properly supervising the situation. There are many standards that parks must adhere to strictly. When they do not, they incur safety violations, fines, and possible criminal liability. Usually, Amusement park accidents were caused by the negligence of the guest or by natural causes. However, many of them are the negligence of the ride operators or maintenance crews.

Fires

Property owners are responsible for taking reasonable measures to prevent fires from breaking out on their premises. Property owners can be liable for fires when they start as a result of their negligence. So, for instance, an electrical failure causing a fire to start. The property owner should have been aware and fixed the electrical failure beforehand.

Water leaks or flooding

Water leaks are the same instance of fire. Landlords should have figured out or fixed leaks before damaging the tenants.

Toxic fumes or chemicals

Toxic substances can give rise to wide-ranging injuries. Toxic chemical exposure, whether in schools, laboratories, homes, or workplaces, poses a critical threat to human health and well-being. Local governments must take steps to reduce the risk of human exposure to toxic chemicals. A Premise liability attorney will handle every aspect of your chemical exposure claim with the help of the affected community.

Premise liability case and Lawsuits in 2020 related to toxic fumes or chemicals

EPA and Electrolux Reach Settlement for Illegal Imports of Air Filter Products Incorporating Nanosilver

The U.S. EPA has entered a settlement agreement with Electrolux Home Products, Inc. (Electrolux) to resolve liabilities under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As part of the agreement, memorialized in a Consent Agreement and Final Order (CAFO), Electrolux will pay a civil penalty of $6,991,400. 

Churchill Downs Louisiana Horseracing Company, LLC, Clean Water Act Settlement

On September 9, 2020, the U.S. Environmental Protection Agency and the Department of Justice announced a settlement with the Churchill Downs Louisiana Horseracing Company LLC that will resolve years of Clean Water Act (CWA) violations at its New Orleans racetrack. Under the settlement, Fair Grounds will eliminate unauthorized discharges of manure, urine, and process wastewater through operational changes and construction projects at an estimated cost of $5,600,000. 

Gulf Oil Limited Partnership Clean Air Act Settlement

The Gulf Oil Limited Partnership (Gulf) has agreed to pay a civil penalty of $2,400,000 and retire approximately 453 million ppm-gallons of sulfur credits to resolve alleged violations of the Clean Air Act. The stemming from its production of gasoline that did not meet fuel standards and its failure to comply with defined reporting requirements.

Premises Liability Insurance

Having proper business insurance gives you the peace of mind to focus on building your business instead of worrying about what might happen. 

Premises Liability Insurance helps you to protect your business from claims of injury, property damage and negligence related to your business activities. 

What does this mean for me?

People at risk and placed in a complicated situation should not hold back and ask for help from a Premises liability lawyer. It is not about the compensation benefits you might get but the safety and life that are at stake. All business owners have their Insurances that will help you to get what you deserve to compensate for the danger or injury you suffered. It is your right to claim in exchange for the inconvenience caused by the injury.

There are a lot of skilled and experienced Premises Liability Attorney that you may ask about Premises liability.  They will ensure that you will receive the help and support you need.

To sum up

You cannot tell when an accident will strike. Preparing for what may come is better than taking action on the spot. Premises Liability is protection for the victim of negligence.

Often one who gets injured during an accident is usually the victim. It's a matter of us being precautious and following safety standards to avoid accidents or even death.

Author Bio:

Samuel M. Wendt

Attorney Samuel Wendt is a personal injury attorney and founding member of Wendt Law Firm P.C. and has dedicated his practice to representing injured people and their families.

Mr. Wendt has successfully represented countless people involved in automobile and commercial vehicle accidents, victims of medical malpractice and nursing home neglect, and wrongful death claims.

He has also represented hundreds of clients injured by defective pharmaceuticals and medical devices, such as Diet Pills, Vioxx, Avandia, Actos, and Yaz/Yasmin, to name a few.