Premises Liability Attorney
Premises liability generally refers to injuries that occur to victims as a result of unsafe conditions on another person’s property. These types of cases can be almost limitless. They include accidents involving slip and falls, swimming pools, fires, explosions, roof cave-ins, broken glass, animal attacks, faulty store displays and inadequate security. Negligent premises conditions can exist in just about every type of building or open space, including homes, apartment complexes, theaters, malls, sports facilities, amusement parks, government buildings, commercial buildings, etc.
Liability of Owners and Others
The owner of property has a legal duty to use reasonable care to keep the area safe from dangerous conditions. However, other persons, such as a tenant, the manager of a property, and contractors working on the premises may also be responsible for maintaining it in a safe condition and could be liable for injuries which occur on the property as well. Often the determining factor is who has the right to control the premises where the accident occurs. If a party has the right to control property, then that party must exercise control in a reasonable manner to prevent foreseeable injuries. If multiple parties have the right to control the property, there may be multiple parties who are liable for an injury. Simply identifying the proper defendants can therefore be a complex task.
Duty to Inspect
An owner or occupier of property must use reasonable care to inspect the property and discover any unsafe conditions. The owner or occupier has a duty to correct, repair, replace, or give adequate warning of any condition that could be reasonably expected to harm others. For example, a store owner has a duty to make reasonable inspections of the store because of the danger of merchandise falling on the floor and creating a hazard for patrons. The same store owner has a duty to inspect the walkways and display aisles to ensure that no hazards exist that could lead to a fall, such as liquids, merchandise, or produce that may fall or that has fallen on the floor. The failure to make reasonable inspections may subject the owner or occupier to liability for injuries caused as the result of the failure to inspect.
Merely owning or occupying real property does not automatically make the owner or occupier of the property liable for injuries sustained on the property. There must be actual fault or negligence on behalf of the owner or occupier. Negligence means the person failed to use reasonable care to keep the property in a reasonably safe condition. It is often up to a jury to determine whether someone acted reasonably, considering all the circumstances which led to the injury. A jury may consider, for example, the likelihood that someone would be hurt by an unsafe condition and the severity of the potential injuries. A jury might also consider whether the owner knew or should have known about the unsafe condition and how difficult it would have been to correct that condition. Because there are many different types of situations that give rise to premises liability, these cases require careful analysis.
Contact Dennis Carrion, Esq., today if you or someone you know has been injured on the property of another. They may be entitled to large compensation, or they may be entitled to nothing at all. One call directly to Dennis is all it takes to find out.