Premises Liability

When someone is injured on another’s property, the extent and the likelihood of recovery often depend on the status of the person who was injured — i.e., whether they were a customer, a social guest, or a trespasser. There are different standards of proof for each classification. Additionally, merely because someone is hurt on another’s premises, doesn’t mean they automatically have a case. It is essential to take photographs early and to be sure that any security films are preserved, which requires a letter to the premises owner/insurance carrier setting out precisely what should not be destroyed. At Cathey & Strain, we employ highly credentialed engineers and human factors experts to analyze the defective conditions of the premises, which may involve OSHA or other regulatory investigations if the injury occurs at a work site or other special-purpose location. There are also issues of apportionment of fault between the landowner and other potential responsible parties. In such a case, there is always a Motion for Summary Judgment filed by the defense in an attempt to have the case dismissed before it reaches a jury trial. Initial preparation for this Motion is key to a successful recovery.

Representative cases

• Disoriented and dehydrated patient was unmonitored and left her hospital room; she was found three days later dead in a small restroom on another floor of the hospital.
• Numerous cases involving criminal acts of third parties on unsecured/unmonitored premises, including an individual who had acid thrown in his eyes at a rental car company, resulting in blindness; and a hotel room invasion, resulting in a serious shooting injury.
• A young female drug counselor, working at a state prison slipped and fell on stairs that were recently painted with non-abrasive, high gloss paint, requiring two back surgeries with a fusion/insertion of metal orthopedic hardware and resulting in permanent disability from work.
• Building inspector walking through partially constructed high rise, fell through an inappropriate/ineffective wooden cover over a hole in the floor, resulting in his death.
• Vicious dog with a previous bite history attacked and mauled a disabled Mary Kay sales-woman, causing permanent disfigurement.
• Neighbor who was asked to house sit, fell over a hidden/rusty pipe in the garden causing a severe laceration which became infected and resulted in amputation of her leg.
• Patron at a carnival in North Carolina fell off the unguarded walkway to a ride and fractured her ankle, developed a blood clot from the injury and had a stroke, causing permanent brain damage and disability.
• Swim team member drowned at a University swimming pool due to school’s failure to have lifeguard present.