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Several types of accidents can constitute premises liability, including:

  • Slip and fall/ trip and fall: Falls account for more than 8 million emergency department visits each year in the U.S. More than 2 million fall injuries each year occur as the result of worn or damaged flooring materials. Other causes of falls include floors that are wet or freshly waxed; obstacles or debris in walkways; poorly lit areas, particularly staircases; potholes in parking lots; broken or damaged sidewalks; or poorly maintained or improperly constructed staircases.
  • Negligent security: Property owners have the duty to protect their guests not only from property hazards, but from dangerous or criminal actions, as well. Some of the ways this is accomplished is through providing security guards for parking lots located in dangerous areas; security personnel that patrols places of business, such as casinos, to prevent assaults, robberies, and other criminal actions; the use of surveillance cameras; the provision of locking doors for apartment units or hotel rooms; and the provision of police officers or security guards at schools to prevent bullying or other violent actions that could result in an injured teacher or student.
  • Swimming pool accidents: Unintentional drowning is the fifth leading cause of accidental death in the U.S. Public and private swimming pool owners are required to take reasonable precautions to safeguard children and others from drowning by providing safety measures such as a fenced enclosure around the pool and a lifeguard on duty or a warning sign that there is no lifeguard available. Drowning isn’t the only cause of swimming pool accidents that could result in premises liability, however. Other swimming pool hazards include damaged electrical systems that can lead to electrocution; improperly maintained filters and drains that can cause disembowelment; and slip and fall accidents that result from slippery surfaces near the pool.
  • Elevator and escalator accidents: A 25-year-old man was killed in Atlantic City recently when the elevator he was attempting to fix began moving as he was working on it. The elevator was located in a 15-story building that contains 150 apartments for elderly and disabled adults. A resident of the building noted that the elevators have had problems for at least six years and that the property manager had been saying that they would be fixed for quite some time. Property owners who have elevators and escalators on their property must regularly maintain them and ensure that they are in proper working order for visitors and residents.
  • Dog bites: Dog owners are required to protect visitors from being bitten by their dog. This includes ensuring that dogs who are known to be aggressive are kept appropriately kenneled or muzzled when there are guests, placing warning signs on the enclosure where a dangerous dog is located, and making sure that the dog is not off the property without a leash.
  • Fires: While not all building fires can be avoided, property owners are required to take measures to ensure that their electrical systems are up to code and that their property is outfitted with smoke detectors, fire extinguishers, and—in some cases—sprinkler systems that can quickly extinguish the fire so that it does not cause injury to guests.