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May 4, 2021
In personal injury law, the premises liability subcategory can occasionally be misunderstood, leaving an injured victim wondering whether or not a claim for financial compensation might be possible. While ‘slip and fall‘ is a straightforward term that is often used interchangeably with premises liability, the latter is a type of law that can actually encompass a variety of scenarios. Below we’ll examine some examples of premises liability, review the potential value of such cases, and provide you with all the information you need to proceed with filing a claim towards recovering the financial compensation you deserve after an untimely injury.
A premises liability claim can include any type of incident resulting in an injury that occurs on either public or private property. Victims of premises liability accidents that are due to negligence or wrongdoing are likely eligible to recover financial compensation for injuries and other losses. At Dordulian Law Group (DLG), we’ve seen countless scenarios that lead to premises liability claims. Some common examples are compiled below.
Types of premises liability cases:
A premises liability claim can happen virtually anywhere – at a park, hotel, construction site, parking lot, private residence, etc. Government agencies, hotels, grocery stores, Airbnb property owners, private property owners, and more have a duty to provide a safe environment free of hazards – both visible and invisible. When that duty is breached – whether due to negligence or ill will – and an injury occurs, a premises liability claim may be filed to recover due financial compensation.
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As with most personal injury claims, the value of a premises liability lawsuit is typically dependent upon the severity of any injuries sustained and the degree of negligence involved. One of the most famous and widely recognized premises liability cases involved a shooting at a Georgia grocery store.
In 2015, LaQuan Tremell Taylor, a 27-year-old Navy veteran, was accosted in the parking lot of an Atlanta-area Kroger supermarket. He was robbed, carjacked, and shot at least 12 times. The injuries were so severe that Taylor required multiple surgeries. Though he miraculously survived, he was left paraplegic.
After the ordeal, Taylor filed a premises liability lawsuit against Kroger, alleging the supermarket chain failed to provide any type of security in the parking lot. The suit also claimed Kroger had a duty to warn customers of the potential dangers given that the store was in a high-crime area.
Taylor prevailed in court, with a DeKalb County jury awarding him $69.6 million in damages. The case represents one of the largest premises liability verdicts in the history of not only the state of Georgia, but the entire nation.
Other examples of major premises liability settlements or verdicts include:
Last year, DLG was recognized for obtaining one of the Top 20 Premises Liability Verdicts in California for 2019. Our case involved a 17-year-old young man who suffered a severe injury at a trampoline park.
While playing dodgeball at Big Air Trampoline Park in Orange County, our client’s leg slipped under the padding of the court. The slip caused his knee to be impaled by an exposed bolt, ultimately fracturing the patella.
Although the trampoline park and the manufacturer of the dodgeball court denied negligence and initially offered a paltry $5,000 settlement for such a serious injury, DLG took the case to court, fighting for our client’s right to maximum compensation.
In the end, despite the defendant’s attempt at relying on a waiver that had been signed by the injured victim (thereby claiming it excluded them from any liability), we secured a favorable verdict in the amount of $1,105,500. The trampoline park case is one of many examples of how we never settle for lowball offers from defendants or insurance companies. When our clients endure severe injuries, we fight and recover the maximum financial compensation they deserve for all applicable damages.
For additional information on how we proved the trampoline injury case in court, take a look at the recent video produced by Motion Lit.
In another DLG premises liability case from 2020, we successfully recovered $3.25 million for a woman who suffered a severe spinal injury after a waiting room bench suddenly collapsed. Once again, the property company denied negligence, attempting to settle for an initial $5,000. But we fought for our client and secured the maximum compensation she deserved. As a result, she’s able to receive the continued medical care she needs without being saddled with overwhelming debt or any financial hardship.
Unfortunately, many injured victims are not aware of their right to financial compensation, particularly in premises liability cases. Whether an apartment complex exposes a tenant to toxic mold, a hotel fails to provide adequate lighting in a parking lot where an assault occurs, or a homeowner neglects to restrain a dog that attacks a delivery driver, a premises liability lawsuit can be the best option for recovering various types of damages. Examples of damages an injured party may be entitled to in a premises liability case include:
General Damages: These can cover any type of non-economic loss, such as pain and suffering, emotional trauma, or psychological injuries.
Special Damages: These can include any type of economic loss endured as a result of a premises liability injury. Medical expenses, lost wages, and lost future earning capacity are all examples of common special damages that may be recoverable in a premises liability claim.
Wrongful Death Damages: If a fatality occurs as a result of a premises liability accident, the surviving family members may be eligible for various wrongful death damages. Examples include funeral and burial expenses, loss or companionship, and lost wages from the decedent.
When considering whether or not to file a premises liability lawsuit, start by asking the following:
Injured premises liability victims often mistakenly believe they don’t have a claim. But before you make a final decision, reach out to the Premises Liability Division at DLG for a free consultation. We’ll be able to properly evaluate your case and give you a legal determination as to whether or not filing a claim is in your best interest.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
Premises liability is a specific subset of personal injury law that is often complex. Proving liability in these cases requires knowledge and experience – the kind of knowledge and experience that DLG has demonstrated on multiple occasions, turning thousand-dollar settlement offers into multi-million dollar damages awards.
When you’re injured in a premises liability accident, choosing a firm that will treat your case with the dedication and professionalism it deserves is critical. Don’t settle for a firm that will accept anything less than a maximum damages award for your claim.
At DLG, we’ve maintained a 98% success rate for over a decade. Former Deputy District Attorney, Sam Dordulian, founded DLG on the belief that all Californians deserve the best legal representation available without having to worry about out-of-pocket expenses or hidden fees. With our no win/no fee guarantee, you never pay a dime until we recover financial compensation on your behalf. To date, we’ve successfully recovered over $100,000,000 for injured victims just like you.
When you’re ready to pursue a premises liability claim, contact the premier firm that will help you get back on your feet with a complete recovery – physically and financially. Call us today at 866-GO-SEE-SAM to learn more about all the ways DLG can help ensure your case is successful.
Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years' experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.
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