Types of Premises Liability Accidents
Slip and Fall Injuries
Slip and fall accidents are the most common type of premises liability case. They happen when a property owner fails to address hazards like:
- Wet floors
- Broken stairs
- Uneven pavement
- Poorly maintained handrails
These conditions can cause serious injuries such as sprains, fractures, or even head trauma.
Swimming Pool Accidents
Property owners are responsible for ensuring swimming pools are safe. This includes:
- Proper fencing around pools
- Clear signage about pool rules
- Adequate supervision, especially at public pools
- Working rescue equipment and lifeguards
Failing to provide these can lead to drownings or serious injuries.
Inadequate Lighting Accidents
Poor lighting, especially in parking lots or walkways, can lead to accidents. Common issues include:
- Dark or poorly lit areas that make it hard to see obstacles
- Tripping hazards in walkways
- Increased risk of criminal activity in dark areas
These accidents often happen in high-traffic areas, especially at night.
Elevator and Escalator Accidents
Malfunctioning elevators and escalators can lead to:
- Broken bones
- Cuts and bruises
- Serious injuries if equipment is not maintained properly
Property owners must regularly inspect and repair these machines to ensure safety.
Toxic Exposure
Property owners may be liable if a person is exposed to hazardous materials like:
- Mold
- Asbestos
- Carbon monoxide
- Lead paint
Failure to maintain safe living or working environments can lead to long-term health problems.
Common Premises Liability Defenses
- Assumption of Risk
In some cases, a person may knowingly enter a dangerous situation, understanding the risks involved. This can limit or eliminate liability for the property owner. - Comparative Negligence
In Wyoming, if you’re partially at fault for your accident, your compensation may be reduced. For example, if you were distracted while walking and slipped, the property owner might share some responsibility, but your damages could be reduced by your degree of fault. - Contributory Negligence vs. Comparative Negligence
Unlike some states that use contributory negligence (where any fault means no recovery), Wyoming follows comparative negligence. This means you can still recover damages, but they may be reduced based on your involvement in the accident.
What to Do After a Premises Liability Accident
Documenting the Incident
- Take photos of the hazard that caused your injury
- Report the accident to the property owner or manager
- Collect contact information from witnesses
Medical Treatment
Even if your injuries seem minor, seek medical attention immediately. Some injuries, like concussions or soft tissue damage, might not show symptoms right away but could become more severe later.
The Role of Insurance in Premises Liability Cases
- Dealing with Insurance Adjusters
Insurance companies often try to minimize payouts. It’s important to have a lawyer who can negotiate on your behalf to ensure fair compensation. - Homeowner’s and Commercial Property Insurance
Whether you're injured on residential or commercial property, the property owner's insurance might cover your damages. Homeowner's insurance covers accidents on private property, while commercial property insurance is responsible for injuries occurring on business premises. Understanding who is liable for compensation can make a big difference in your case.
Filing a Lawsuit for Damages
Individuals injured on dangerous premises have the right to claim damages. However, the case will be subject to Wyoming’s comparative negligence laws. Under comparative negligence, the amount of damages an injured plaintiff can receive will be the total damage award that the accident is worth reduced by the plaintiff’s percentage of fault for that accident.
For example, if a slip and fall accident is worth $10,000, but the plaintiff is found to be 20% responsible for the accident, the maximum amount of damages they can recover is $8,000. Comparative negligence typically means the defendant will work hard to prove the plaintiff’s liability for the accident to reduce the amount of damages they need to pay. This is also often the case for insurance companies who also may attempt to pin the blame on the plaintiff for reduced damages.
For example, the other side may claim that the plaintiff was not paying attention to where they were walking, thus causing the slip and fall; or they may claim that the dangerous condition was obvious enough for the plaintiff to have known to avoid it or that they were walking in an area that they were not allowed in.
Whatever your case, do not hesitate to hire an experienced Sweetwater County premises liability lawyer immediately for legal support. Our trial attorneys at The Law Offices of Hampton & Newman, L.C. can take a closer look at your situation to determine how to proceed with your claim for damages, including how to prove the owner’s fault for the accident. Premises liability lawsuits need to be filed within four years of the date of the accident, so it is best to get started on your claim as soon as possible to allow for ample time to gather evidence.
Frequently Asked Questions (FAQs)
- What is the first step after an accident on someone else’s property?
The first thing to do after an accident is to seek medical attention, even if your injuries seem minor. Once you’ve addressed your health, report the accident to the property owner or manager and document the scene. This includes taking photos of the hazardous condition and gathering witness information to strengthen your case. - Can I file a premises liability lawsuit if I was injured on someone’s private property?
Yes, you can file a premises liability lawsuit if you were injured on private property. Homeowners are required to maintain a safe environment for their guests. If they fail to do so and you’re injured as a result, you may be entitled to compensation. - How do I prove a property owner is at fault for my injury?
To prove a property owner’s negligence, you must show that they either created or knew about the dangerous condition that led to your injury and failed to fix it. This can involve gathering evidence like photos, witness testimony, and maintenance records that demonstrate the hazard existed for a long time. - What is the statute of limitations for filing a premises liability lawsuit in Wyoming?
In Wyoming, you generally have four years from the date of the accident to file a premises liability lawsuit. It's important to take legal action as soon as possible to allow ample time to gather evidence and build your case. - Can comparative negligence affect my compensation?
Yes, Wyoming follows comparative negligence laws. If you are found partially at fault for the accident, your compensation will be reduced based on your percentage of fault. For instance, if you are 30% at fault for a slip and fall, you may only recover 70% of the total damages. - What types of damages can I recover in a premises liability case?
You may be able to recover compensation for medical bills, lost wages, pain and suffering, and property damage. The exact damages depend on the specifics of the case, including the severity of your injuries and the extent of the property owner’s negligence. - How does homeowners’ or commercial property insurance affect my case?
In premises liability cases, the property owner’s insurance—whether homeowner’s insurance or commercial property insurance—often covers your damages. Homeowner’s insurance applies to private property, while commercial property insurance covers injuries on business premises. Your attorney can help determine which insurance policy is relevant for your case.
Don’t wait—your case matters!
Call tel:(307) 226-2266 now to speak with our experienced attorneys and start your premises liability claim. We’re here to help you get the justice you deserve!
