Premises Liability Lawsuits and Temporary Conditions

Temporary conditions can arise unexpectedly. This can happen because of ice on a sidewalk or liquid spills in a grocery store, causing fall accidents. These temporary yet dangerous conditions can help create liability in a premises liability case due to another’s negligence or carelessness.

If you’re an injury victim due to a property owner’s negligence in handling temporary conditions, you can seek compensation with a premises liability claim. This includes compensation for lost income and medical expenses. A local experienced premises liability lawyer can help you build the strongest case in your premises liability lawsuit.

What Are Temporary Conditions?

“Temporary conditions” in premises liability refers to hazards on a property that create temporary or fleeting unsafe conditions. Temporary conditions aren’t permanent features of the property. Common types of temporary conditions include:

• A wet floor in a grocery store caused by a spill
• Accumulation of debris from a storm
• Building materials at a construction site that can become falling objects, posing hazards to passersby
• A buildup of ice or snow in an office building parking lot

A property owner must fix or warn visitors of dangerous temporary conditions that can lead to a premises liability accident.

What Are the Legal Obligations of Property Owners in Premises Liability Cases?

Premises liability claims address personal injuries or wrongful death that occur due to unsafe conditions on someone else’s property. Injuries can be severe or minor and occur on private property or on business property.

Property owners owe a duty of care to visitors. The type of visitor determines a property or business owner’s degree of liability. Generally, an owner must take reasonable steps to keep the premises in a reasonably safe condition and to warn of any known dangerous conditions that are not open and obvious.

Types of Visitors Under Premises Liability Law

There are three types of visitors in premises liability matters:

• Invitees: Includes those invited onto the property for a business purpose, such as contractors performing work on private property or shoppers at a grocery store
• Licensees: Includes people invitee onto the property for reasons unrelated to business, including social purposes
• Trespasser: includes people who do not have the owner’s permission to enter the property

Property owners must adhere to the reasonable care standard for invitees and licensees. They owe a higher level of care to invitees. They must protect them from known dangers and dangers that would have been revealed by inspection. Property owners owe trespassers a lesser duty of care than invitees or licensees.

Premises liability law differs in each state. So, determining the particular laws in your jurisdiction is essential. A premises liability lawyer or personal injury attorney can help you with your injury claim.

How Do You Prove Liability for Temporary Conditions?

To prove liability for temporary conditions in a premises liability lawsuit, you must prove that:

• The person or entity you’re filing the claim against had control of the property or leased or owned the property and owed you a duty of care
• The temporary condition on the property created a dangerous condition
• The temporary condition caused your injury
• The temporary condition was on the property long enough that a reasonable property owner should have been aware of the condition and addressed the hazard

You may bring a premises liability claim if you prove that you sustained a serious injury due to a property owner’s negligence. Often, the most challenging element to prove in a temporary conditions premises liability case is that the manager or property owner had sufficient time to discover and correct the hazard before someone sustained an injury.

You may seek compensation for the following:

• Medical bills
• Lost wages
• Diminished earning abilities
• Pain and suffering
• Property damage

When seeking damages, you must be aware of any deadlines that apply to your case, including the statute of limitations. If you miss a deadline, you may lose your ability to bring your lawsuit. A premises liability lawyer is a personal injury lawyer who can help you with your case.

How Do You Document Temporary Conditions?

You can document temporary conditions in several ways, including:

• Video footage and photos
• Evidence of recurring problems or general disrepair
• The identities of all witnesses to the incident or those who were in the vicinity
• Evidence of you seeking medical attention on the date or after the accident due to the dangerous temporary conditions
• Documents created about the incident, such as incident reports and police reports
• Communication about the condition

Any documents that can help you prove that the temporary conditions were hazardous will help your case. You must demonstrate that the defective property condition resulted in the accident due to the property owner’s negligence.

How Do You Get Legal Help With Your Premises Liability Case?

Contacting a local premises liability lawyer will give you the best chance of achieving a positive outcome in your case. Getting an experienced legal team on your side and establishing a lawyer-client relationship puts you on equal footing with your opponents and their insurance companies. A skilled premises liability attorney can provide legal advice and explain your rights.