Premises Liability and Loose or Torn Carpets: Property Owner Liability

December 20, 2017 — by Mark T. Flickinger, JD
Tags: Premises Liability

Patient with wrap and cast on lower legProperty owners of businesses and homes are responsible for keeping the premises safe for customers or visitors. This includes maintaining clear walkways, free from obstacles that can cause a fall.

Unfortunately, loose or torn carpets can cause a patron or visitor to trip and fall, resulting in bodily injury. Premises liability laws allow injured victims to seek compensation for injuries from the owner of the property.

If you have fallen in a store, mall, school, or private home, let the experienced legal team at Flickinger, Sutterfield & Boulton in Provo, UT obtain the compensation you are entitled to receive for your injuries.

Causes of Premises Liability and Loose or Torn Carpets Accidents

Most slip and falls are the result of a wet or uneven surface. But torn carpeting can also contribute to or cause a person to fall. Some common factors that may be involved include:

  • Rips and tears in the carpet that make it uneven or hazardous.
  • Uneven carpet, with areas that bulge or buckle.
  • Area rugs that curl or roll at the edges.
  • Carpeting with holes.
  • Carpeting with foreign objects that protrude or are hidden from view.
  • Carpet that is worn down and thin, making it slippery or otherwise unsafe for walking.
  • Loose carpeting that is not properly secured to the flooring.

The rule of law that applies in premises liability cases is that the property owner is responsible for maintenance and necessary repair of the property, so that visitors are not unnecessarily exposed to hazards. When routine maintenance is not performed, or needed repairs go undone, it can result in dangerous conditions.

Those that are injured due to loose or torn carpets may be entitled to recover medical expenses, lost wages, and other damages.

What You Need to Show to Recover in a Premises Liability Case

In order to hold the property owner accountable in a premises liability case, you have to prove that you have an injury.

You also have to provide evidence that the injury happened on the property as a direct result of lack of maintenance or repair, or the failure to clean up or clear a walkway or public area of the property.

Plaintiffs must also show that the owner knew or should have known the danger existed, and failed to take remedial action.

In order to maximize the amount of damages you can recover, you will need to provide detailed medical expenses and show the expenses were a necessary part of your treatment and recovery. You should also outline any other out of pocket or monetary costs associated with the accident.

A skilled personal injury lawyer can argue for an amount of compensation to cover the costs associated with the injury.

Who to Ask for Help with a Premises Liability Case

The legal team at Flickinger, Sutterfield & Boulton knows how to recover monetary and non-monetary losses for people hurt in accidents. Compensation is available for repayment of medical expenses and required treatment, lost wages, prescriptions and therapy, and pain and suffering.

We review all of the facts of your case and seek reimbursement from the culpable party or parties. Contact us online or call our office at (801) 370-0505.