Premises Liability
Slips, trips, falls and other premise-related accidents are regular occurrence that result in serious injury or death to a loved one. In such cases, you need effective and forceful attorneys at Gurk Law to prove either the property owner created the dangerous condition that led to the accident, or that the property owner knew or should have known of the dangerous condition and/or failed to warn of the hazard or remedy the condition.
Gurk Law will assist you in guiding you through the difficult process of proving when a hazard first appeared. Gurk Law attorneys have considerable experience in these negligence cases and will provide solid advice to you in preparing your case to go to trial and seek the maximum in damages on your behalf. Photographs of the scene should always be taken and will be invaluable if taken close in time to the accident. Incident reports should also always be filed, if possible, when the accident occurred as further proof of how the occurrence happened.
In many cases, getting photographs of the hazardous condition can be problematic. Ice melts, puddles dry leaving no evidence they were ever there. You should observe the accident area carefully and include details in your accident report. Remember, by law it is your burden to prove that the defendant knew or should have known the conditions were dangerous.
Types of Premises Liability Cases We typically handle:
Defective Conditions - such as negligent maintenance or design, cracked/uneven sidewalks, parking lot potholes, uneven surfaces, torn carpet, broken tiles, leaking pipes, poor lighting and lack of appropriate handrails can all create dangerous conditions for customers and visitors to a building or property.
Weather-Related Conditions - commercial property owners are generally expected to take reasonable steps to make their property safe for visitors. These include clearing snow, salting or sanding walkways, installing carpet or other anti-slip devices and placing warning signs. All of this should be done in a reasonable and workmanlike manner.
Negligent Security - commercial property owners are generally expected to take reasonable steps to make their property safe for visitors. These include taking steps to provide adequate security measures to ensure the protection of guests from such dangers as violence, theft, sexual assault, and other acts of criminality. In many instances, the property owners knew or had knowledge that there was a history of negligent or
inadequate security that was not corrected over time.