Property owners, whether they own homes or businesses, are legally obliged to maintain safe conditions on their premises. When you lawfully enter onto a private or commercial property, you have the right to reasonably assume that the property and the entire premises are safe. If you are personally injured because of negligence from the property owner through their failure to adequately maintain the premises, they become liable for any injuries you suffer.
If you’ve suffered an injury that resulted from negligence on someone’s property, contact our experienced premises liability attorneys today at 866-933-6115 for a free consultation. We proudly serve those who live in New Hampshire and Vermont, including Concord, Manchester, and Nashua.
What Is a Premises Liability Claim?
Personal injury cases that fall under the legal umbrella of premises liability are some of the most difficult to represent. In a premises liability case, when a property owner’s negligence results in a critical injury, the difficulty is in proving fault. Our attorneys know that there is no textbook way to determine fault in these cases.
Though these cases can present their own set of difficulties, at the Law Offices of Van Dorn, Curtiss & Rousseau, we don’t back down and we pursue the damages our clients deserve. Our settlement record shows that we win time and time again because of our attention to detail in each individual case. Premises liability cases can be filed from accidents including:
- Slip and fall accidents
- Security issues on property
- Faulty wiring or construction
- Improper fire protection
- Amusement park ride injuries
Any accident like these often results in medical costs, lost wages, and chronic health problems. When these injuries are caused by negligence on the part of the property owner, you deserve justice and fair compensation.
Premises Security Liability
In addition to the cases mentioned above, premises security liability is another facet of premises liability. Commercial property owners especially have a heightened duty to protect against the criminal acts of other people and may be liable if you’re hurt due to negligence in providing adequate security measures.
Premises security liability places liability on property owners where a person is injured by the criminal acts of a third party on their property. In these types of cases plaintiffs who are injured may bring a civil lawsuit against the owner or manager of the property where the injury occurred. The reasoning is that the property owner or manager had a duty to protect their patrons against harm. Examples of this type of case include:
- Sexual assault
The most common premises security liability cases arise from attacks or robberies on commercial properties in parking lots or garages, hotels, offices, schools, or shopping centers. All commercial property owners have a responsibility to take reasonable steps to protect the public from criminal acts. Faulty alarm systems, insufficient lighting, malfunctioning security gates all contribute to conditions that foster dangerous crimes and often result in critical injuries, and in the worst scenarios, death.
In premises security liability, a property owner’s negligence may depend on whether the third party’s criminal acts were foreseeable. In some jurisdictions, this depends on whether similar criminal acts have occurred on the premises—this is known as the “similar acts” rule.
In other jurisdictions, the determination if an act was foreseeable depends on whether the circumstances as a whole would lead a reasonable person to know that criminal acts were possible—this is known as the “totality of circumstances” rule.
Regardless of the jurisdiction, a property owner or manager may be liable for a third party’s criminal acts if:
- It was their negligence that caused the dangerous conditions
- They knew or should have known that criminal acts were possible on their property and failed to take the necessary precautions
Building Your Premises Liability Claim
Our premises liability attorneys have the experience needed to fight for you in the court of law. When you’re injured as a result of someone else’s negligence, you deserve representation that won’t compromise until you’re awarded a fair compensation. While these cases can be difficult, our legal team has the skills to litigate on your behalf and the knowledge of exactly how to prove fault and illustrate negligence of a property owner. The three main components to recovering damages in a premises liability case include:
- Showing the property owner caused the dangerous situation which led to the injury
- Proving the owner knew about the situation and did nothing to prevent or correct it
- Showing that a reasonable person would have found the problem and fixed it
Contact Our Experienced Premises Liability Attorneys Today
At the Law Offices of Van Dorn, Curtiss & Rousseau, our reputation for aggressive litigation in cases of premises liability is widely known. As a full service law firm, we won’t abandon you after winning your initial case. We’ll also assist you with issues related to your case such as recovering insurance benefits, negotiating medical costs, and dealing with insurance liens—all services we provide for one initial contingency fee.
If you think you have a premises liability case, call us today at 866-933-6115 for a free consultation with one of our experienced attorneys. We proudly serve the areas of New Hampshire and Vermont including Manchester, Nashua, and Concord.