Does Premises Liability Include Radio Tower Lighting?

 Posted on October 24, 2024 in Personal Injury

A tragic helicopter crash killed four in Houston on October 20, 2024. The craft hit a radio tower with a history of its aviation obstruction lighting not working. According to reports, the tower is virtually impossible to see when the lights are out. Lighting malfunction was reported to the FAA for that tower on October 17. Investigations are ongoing, with no reported results at this time.

Proper lighting on towers like this is a vital safety feature. When the party responsible for maintaining the lights fails their duty, that party may be liable for personal injuries that occur as a result. If the lights were faulty due to a manufacturing error, the manufacturer could be liable through product liability. In this case, the injuries were fatal and may qualify survivors for compensation through a wrongful death action. A knowledgeable lawyer from Jerry D. Andrews, P.C. explains these concepts.

What Is Premises Liability?

Property owners, business owners, and other parties that are responsible for a property have a legal duty to keep their premises safe for guests and invitees. Trespassers are typically not covered if they are injured on another person’s property unless the trespasser is a child. To qualify for a premises liability claim, you must prove that:

• The responsible party owed you a duty of care.
• That party knew or should have known about the hazardous condition.
• The party had sufficient time to repair the hazard or restrict access yet failed to do so.
• You were injured as a direct result of the responsible party’s breach of their duties.
• You suffered damages as a result of your accident and injuries.

Common premises liability claims include slips and falls, dog bites or attacks, third-party assaults due to negligent security, and falling objects. In another recent accident, a small child lost four fingers on an escalator in a Houston store. Elevator and escalator accidents can also give grounds for a premises liability claim.

What Is Product Liability?

When we use manufactured products, we expect them to be safe when used in a reasonably expected manner. Product designers, manufacturers, distributors, and retailers can be held liable for injuries caused by faulty or defective products. Claims often result due to:

• Design flaws
• Shoddy manufacturing
• Using inferior components
• Failing to provide adequate instructions or warnings

Tire blowouts, children’s toys that present choking hazards, faulty brakes, unsafe medications, and defective medical devices are examples of goods that could be subject to product liability claims. Unlike most personal injury claims, you do not necessarily have to prove negligence when a defective product injures you.

How Can Jerry D. Andrews, P.C. Help With Premises or Product Liability Cases?

Without the proper supporting evidence, you cannot force the at-fault party to pay compensation. When you choose Jerry D. Andrews, P.C., we will investigate your accident, gather evidence, establish liability, and help you get the compensation you deserve. We will also handle case-related paperwork and all communications with insurance companies.

Call Our Dedicated Dallas, TX Premises Liability Lawyer

If you believe your accident qualifies for compensation, call Jerry D. Andrews, P.C. at 214-221-5800 for your free consultation. Our trusted Carrollton, TX product liability attorney will assess your circumstances and explain your legal options.