Premises Liability

When an individual is injured on property owned or occupied by another, he or she may seek to recover damages by alleging that the property was unsafe. Such claims may be made against the owner of the premises or against a tenant, such as a business, that occupies the premises under a lease. Based on its years of experience and the large number of cases in which it has been involved, Harman Claytor offers the highest standards of legal investigation, guidance and representation when claims are filed against the owner or occupier of property due to alleged unsafe conditions on the premises.

The law imposes different duties on parties who own or are in control of property dependent on the status of the individual who is injured on the premises. An owner who operates a business and opens its doors to the public must be particularly diligent about maintaining its premises so that its customers may patronize the business safely. While less stringent standards apply under other circumstances, there remain a number of theories an injured party may assert to support a claim that his or her injuries were caused by unsafe conditions on the premises.

A premises liability claim can arise out of an injury suffered on any property, but there are areas of particular exposure:

Premises Liability Actions Against Restaurants & Retail Stores– Slip and fall injuries are one of the primary sources of premises liability claims against restaurants, retail stores and other businesses that have a high rate of pedestrian traffic. A claimant may allege that a walkway, parking lot, or aisle was unreasonably dangerous and that the owner or occupier was responsible for that condition.

Security & Premises Liability Actions Against Owners, Landlords & Property Managers – Thousands of violent crimes occur in the parking lots, hallways, elevators and other areas of shopping centers and commercial and apartment buildings each year. The victims of these crimes may seek to recover damages for their injuries by alleging that the party responsible for the property failed to provide adequate security. Examples of inadequate security can include unlocked doors, windows and other non-secure exits and entrances; poor lighting in parking lots, hallways and other areas of the building; lack of surveillance equipment in high risk areas; or lack of security personnel in high risk areas.

Premises Liability Actions Against Recreational Facilities – The conditions at amusement parks, water parks and other recreational facilities present particular risks of injury. While a patron is generally on notice of certain hazards inherent in the activities that take place at these locations, there may be other risks that are not obvious or may result from some defect or malfunction or human error. There are a variety of types of claims individuals injured at recreational facilities may assert depending on the nature and cause of their injuries.

Harman Claytor has handled claims arising in each of the settings referred to above as well as many others. We have the knowledge, skill and experience to provide superior representation with respect to any premises liability claim.