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What is a premises liability claim?
Such a claim is shorthand for a whole group of cases involving injuries sustained by people while on the land or premises of others. This can include commercial establishments such as shopping malls, hotels, theme parks, or sports arenas and stadiums. It could also include injuries that you sustain at the home of another.
How do I figure out who is responsible for such an injury?
This will often require a detailed investigation by an attorney experienced in such cases. We have represented a number of individuals who have been injured or even attacked at various hotels, malls, and even their own apartment complexes. Companies and individuals that operate such premises are required to do so with an eye on potential harm that could come to their patrons. We routinely see apartment complexes where the management knows that criminal activity is taking place there and does not warn their own tenants and guests of their tenants how to avoid being a victim of such a thing. Similarly, many area malls can be magnets for criminal activity. The mall owners know this, often the merchants know this but the shoppers are exposed to this without warning.
What other kinds of premises cases are there?
We have represented many people in premises cases including swimming pool injury cases, attacks on hotel guests and visitors, collapsing wall and ceiling cases, and even cases at big box stores where large heavy objects fall off the shelves and severely injure shoppers and their children.
A family member was injured or drowned at a swimming pool, does this mean they and their family have a case?
The responsibility of a swimming pool owner or operator is governed by specific laws, code provisions, and also common sense. In commercial pool settings (hotels, water parks, country clubs, and local pools) there are specific obligations with respect to the presence of lifeguards. If you have such a claim, please consult the Law Offices of Clark & Steinhorn so we can analyze whether such a claim can be successful.
The pool we were at had a lifeguard but he was not paying attention, how does this affect things?
One of the most significant problems we see in swimming pool cases involves lifeguard training and attention. The mere fact that a lifeguard was on duty does not mean they were engaged appropriately in life-guarding. If a tragic incident occurs at a pool where a lifeguard was present it is important to determine whether others at the pool were aware of the lifeguard’s inattention.
Against whom do I bring such a claim?
This depends upon the circumstances of the pool. Often pool supervision and life-guarding is subcontracted by companies to other companies. A detailed investigation of the chain of ownership and command is important to ensuring a fair settlement or verdict in such a case.
The injury happened in a private pool at someones home, can this give rise to a claim?
Private pool injuries are quite common and present a tricky legal analysis. If you are invited to swim in someone’s pool, some duty from the pool owner or operator does exist. Often such cases require a sophisticated analysis of the circumstances in order to determine whether such a claim exists, against whom it should be made and how it should be made. Such a case requires lawyers experienced in handling such cases such as the lawyers at Clark & Steinhorn.
My case does not fall into one of the categories you described, what can I do?
If you have been severely injured please call us and discuss your case in order that we can assist you in determining whether or not you have a viable claim.