“Premises liability” law covers any type of claim that results from an allegedly “unreasonably dangerous condition” on the property. While mass retailers such as discount stores, grocery stores and malls are the most common targets due to the large volume of customers that enter their stores, all business owners who have a physical business location are at risk.
Premises liability claims typically are made by customers or employees who sustain personal injuries as a
- a slip and fall;
- a trip and fall;
- falling objects; or
- a crime committed against the customer or employee on the business owner’s property.
Common hazards that can subject a business owner to premises liability include spilled water on the floor, an un-marked step or curb, a crack or hole in the sidewalk or floor, inadequate lighting, and leaking equipment. Additionally, business owners whose property is located in a high-crime area may be exposed to premises-liability claims resulting from an assault, rape or other crime committed on the business’s property.
PeavlerBriscoe has substantial experience in representing business owners and occupiers of land against premises-liability claims. We aggressively defend cases, often obtaining an early dismissal through procedural tactics such as removal to federal court and motions for summary judgment. For those cases that cannot be dismissed or reasonably settled, PeavlerBriscoe is well-equipped to take those cases to trial in state or federal court. In addition, PeavlerBriscoe helps clients evaluate whether they have any right to contribution or indemnity from other parties such as contractors, vendors or insurers. If contribution or indemnity is available, PeavlerBriscoe assists its clients in pursuing potentially responsible parties, often recovering for its clients all of their attorneys’ fees.
PeavlerBriscoe works with its clients to understand the company’s operations, policies and procedures, and it works with risk-management, security and management personnel to both defend premises-liability claims and to provide advice on reducing potential liability exposure. Whether you have received a claim or just want to evaluate your potential premises-liability exposure, PeavlerBriscoe can help.