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Workplace and premises liability claims arise when someone is injured because a home owner or business owner failed to ensure that his or her property is reasonably maintained and compliant with applicable building and safety codes. While both residential and commercial property owners can be held responsible for injuries caused by unsafe conditions on their premises, business owners are frequently held to higher standards. The attorneys at Spohrer & Dodd are highly experienced in successfully representing individuals and families impacted by accidents and injuries at the workplace or on residential or commercial premises.

Workplace Dangers and Hazards

Construction-related workplace accidents are governed by complex laws. Generally, employers are responsible to secure worker’s compensation for employees and sub-contractors injured in connection with their position. Although workers' compensation benefits are fixed by statute, they are often inadequate in view of the severity of the injuries. In some cases workers' compensation may not apply, and the party at fault may be liable for the full amount of damages. An example would be the negligence of someone other than the employer. An electrical subcontractor, for example, may be liable to a plumbing subcontractor for negligently failing to protect against electrical wires. Other parties who may be liable for workers’ injuries include: property owners, manufacturers of faulty equipment, utilities, outside suppliers, or other entities. 

Industrial accidents and toxins, too, can have devastating effects on workers and their families. Common concerns are toxic hazards, hazards from machine injuries, electrical hazards, noise hazards and the removal or failure of machine guards. In cases of this nature, workers' compensation may not be the sole source of compensation. Investigation often reveals that a manufacturer or supplier has acted negligently and cannot claim immunity under workers' compensation law.

Residential and Commercial Property Injuries

Property owners are required by law to maintain their premises in a safe condition. When a person is injured on the land or premises of another, the law of premises liability determines how they are compensated.   The potentially liable party can be a storeowner, factory owner, home owner, or just about anyone who owns land or structures on land. In general, a premises owner is responsible to be aware of and eliminate dangerous conditions on their property.

This standard applies for persons invited onto the premises for business or personal reasons, although the law also extends protection to other visitors and even trespassers. A premises owner can rarely succeed in claiming ignorance of a  dangerous condition.  Some of the dangerous conditions seen in residential and commercial premises include torn carpeting, changes in flooring, poor lighting, narrow stairs, wet or slippery floors, poorly designed or maintained stairs, malfunctioning escalators and elevators, broken or cracked sidewalks, the presence of rain, snow, ice or a pothole.

In most cases, a person injured while visiting a residential or commercial property must prove that a dangerous condition was the cause of the accident and the owner or possessor of the property knew or should have known about the hazardous condition. The law determines whether the owner or occupier of property was negligent by deciding if the steps the owner or occupier took to keep the property safe were reasonable.

Our team of attorneys is well versed in the law relating to premises, construction and industrial injuries, as well as OSHA (Occupational Safety & Health Administration) and other safety regulations, such as building codes. They also have the skill, experience and resources to thoroughly investigate each circumstance and uncover the base cause of an accident or injury. One example of our firm’s outstanding record in cases of this nature is the circumstance where a jury awarded our client $3,675,000 in compensation for the permanent injuries they sustained due to unsafe conditions at a Kmart store.