Premises Liability Attorney
When you enter a store, visit a friend’s apartment complex, or walk through a public park, you have a reasonable expectation of safety. Property and business owners have a legal responsibility, known as a duty of care, to maintain their premises in a condition that is free from foreseeable hazards. When they fail to uphold this duty through carelessness or neglect, and someone gets hurt, they can be held legally responsible. This area of law is known as premises liability. At Montgomery Law Firm, Donohoe & Stapleton, LLC, our skilled premises liability lawyers are dedicated to holding negligent property owners accountable and helping injury victims get the compensation they need to recover and move forward.
While “slip and fall” or “trip and fall” cases are the most common type of premises liability claim, this area of law covers a much broader range of incidents. A successful claim can arise from many different types of unsafe conditions. This could include injuries from falling objects in a retail store, a collapsing deck or staircase due to poor maintenance, an assault in a poorly lit parking garage with inadequate security, a swimming pool accident at a hotel or apartment complex that lacked proper fencing or supervision, or an injury caused by a building code violation. In every case, the central issue is proving that the property owner was negligent.
To win a premises liability case, we must demonstrate four key elements. First, that the property owner owed you a duty of care. Second, that they breached this duty by creating or allowing a dangerous condition to exist. Third, that this dangerous condition was the direct cause of your injury. And fourth, that you suffered real damages as a result. Proving that the owner knew, or should have known, about the hazard is often the most challenging part of a case. For example, if a spill just occurred seconds before you fell, it might be difficult to hold the owner liable. However, if that same spill was left on the floor for an hour, it is reasonable to argue that the owner should have discovered and cleaned it up.
As your premises liability law firm, our work begins immediately with a thorough investigation. Evidence in these cases can disappear quickly, so we act fast to preserve it. We will document the scene, take photographs, obtain surveillance video, interview witnesses, and review any incident reports or maintenance logs. We will carefully analyze the circumstances of your accident to build a strong case proving the property owner’s negligence. The injuries from these incidents can be severe, leading to broken bones, traumatic brain injuries, and spinal cord damage, resulting in significant medical bills and time away from work. We will fight to ensure you are fully compensated for all of your medical treatment, lost wages, and the pain and suffering you have been forced to endure because of a property owner’s carelessness. You shouldn’t have to bear the financial burden of an accident that was not your fault.
