Articles Tagged with Premises Liability

Many individuals utilize hotels when they go on trips for various reasons. Though they likely expect their accommodations to be comforting, there is a risk that accidents could take place on hotel premises. If an incident is serious and causes catastrophic injury to an individual, a legal claim could potentially be filed against the hotel for premises liability.

One family may be looking into such an option after a recent accident that took place at an Oklahoma hotel. Reports stated that the incident involved a 50-year-old man who was in the hotel pool. Details on what took place were not disclosed at the time of the report, but it was stated that emergency crews arrived at the hotel after 6:15 p.m. due to a reported drowning.

When they arrived, the man was pulled out of the pool and taken to an area hospital. Reports stated that the man was declared deceased at the hospital. Authorities are likely continuing to investigate the incident to determine contributing factors of the fatal event, and additional information may be available at a later time.

There are many types of accidents that could cause injuries. Individuals in Tulsa may already know that slip-and-fall accidents, caused by a spill on a grocery store floor or an uneven sidewalk, could injure a person. A display of merchandise in a shopping mall could fall on a person, causing an injury.

Moreover, a person could be harmed in another’s home. Such injuries could be caused by a broken porch or a balcony that collapses. Uneven or otherwise broken stairways could also lead to an injury. Being bitten by a dog can also cause a person to suffer a serious injury.

In addition, there are incidents that could take place on other types of premises that could lead to an injury-causing accident. For example, if a department store or hotel has an escalator or an elevator and it malfunctions, this could cause an injury. In addition, it is possible that a swimming pool could be unsafe or may not be properly taken care of or monitored. Also, if a person was injured in a parking lot that had inadequate lighting or insufficient security cameras, this could lead to an injury.

Winter weather is here in Oklahoma and with it comes the threat of ice and snow. Winter weather not only makes driving more hazardous, but it can even make walking outside more hazardous. One particular hazard Oklahoma residents may face this winter is snow and ice covered sidewalks. One slip-and-fall accident on an icy sidewalk could lead to extensive and costly injuries.

Should you find yourself injured after slipping on an icy sidewalk, you may be interested in learning more about whether the property owner can be held responsible for maintaining safe conditions, including the clearing of ice and snow on the property. In general, a property owner may not be responsible for clearing ice or snow on outdoor premises that is caused by inclement winter weather. That being said, if the reason the property owner’s outdoor premises is icy or snowy is due to an accumulation of such precipitation that is above and beyond what is caused by nature, then the owner of the premises may be responsible should another individual get injured in a slip-and-fall accident.

For example, if a stopped-up gutter causes melting ice or snow from the roof of the premises to run onto the ground below and then freeze over into an icy patch, the owner of the premises may be responsible for that condition. Moreover, if the owner of the premises chooses to shovel the accumulated snow or ice on the property, the owner needs to do so responsibly and with the safety of others who may be on the property in mind, to avoid being negligent.

It is not uncommon for residents in Tulsa to enter private or commercial properties; however, when entering the property of others, individuals do not often consider the possible risks present. Nonetheless, property owners who fail to eliminate dangers or hazards could turn a seemingly safe property into a very dangerous one.

At the Hawkins Law Firm, we understand that sometimes accidents happen; however, when an accident occurs because of a negligent property owner, our legal team is dedicated to helping those harmed by the carelessness of the owner.

Our attorneys have experience handling a wide range of premises liability cases. When entering a commercial property, customers could suffer serious injuries due to a defective stairway, an unstable merchandise display, unsafe parking lots, an exposure to toxic material or a slip-and-fall accident. Visitors to a private property could face dangers such as a balcony or porch collapse, unsafe swimming pools, defective hand railings and even a dog bite. In these matters, our legal team has helped past client successfully prove that a dangerous property caused his or her injury, helping to assign liability to the property owner.

As this blog discussed in our previous post, there are various legal reasons why a property owner in Tulsa might be at fault for a slip-and-fall accident. After all, in many cases these types of accidents would be entirely preventable if the property owner had exercised due care. However, this fact is of no comfort to those who suffered serious injuries in a slip-and-fall accident. In fact, thousands of people are victims of slip-and-fall accidents each year.

A slip-and-fall accident can keep a victim from going to work. It could necessitate lengthy and expensive medical care. It could cause the victim extreme pain and suffering. For all these reasons, victims of slip-and-fall accidents may be wondering if they have any legal recourse for compensation.

Fortunately, Tulsa personal injury attorneys, such as those at Hawkins Law, are available to examine the facts of an individual’s case to determine if the individual is able to pursue a lawsuit in order to hold the negligent property owner liable. Of all the types of personal injury claims, one of the most common types is the slip-and-fall accident. However, not every slip-and-fall accident will give rise to a lawsuit.

All it takes for a slip-and-fall accident to occur is a wet floor or a broken step. Injuries resulting from a slip-and-fall accident can be substantial and can include broken bones, head trauma and back injuries. Victims of slip and fall accidents in Tulsa may want to seek to hold the property owner legally responsible for the hazardous conditions that led to the accident. However, there are certain elements that must be met in order to do so.

In general, a person who files a lawsuit based on a slip-and-fall injury may be able to do so based on one of three circumstances. First of all, one circumstance under which a premises liability suit may be sought is if the owner of the property or a person who worked on the property (such as a retail store employee) should have realized that a danger existed because a “reasonable” individual would have noted the problem and done something to remedy it.

Another circumstance in which a premises liability lawsuit may be sought is if the owner of the property or person who worked on the property did have knowledge of the hazard, but did not remedy it. A third circumstance in which a premises liability suit may be sought is if the owner of the property or a worker on the property actually caused the hazard that led to the accident.

Under Oklahoma law, any property owner must ensure that the property is not only safe for that owner, but that it is also safe for any visitor of the property. In cases in which the visitor is injured or has an accident on the person’s property due to unsafe conditions, the victim may be able to initiate a lawsuit against the owner.

Interestingly, premises liability not only extends to legitimate visitors and people who were invited to visit the property, but it also includes trespassers who have violated the law by merely being on the owner’s property. It must be noted, however, that the degree of liability on the part of the owner decreases between the visitors and the people who were invited to visit the property as opposed to trespassers. In a typical case, the age of the trespasser will also play a factor, with minor trespassers having more rights under premises liability laws than adult trespassers. So, what rights do trespassers have to a person’s property?

A premises liability on behalf of a minor could arise under the following circumstances: