Land Owners Duty to Maintain Safe Property
Owners of property have a responsibility to maintain their property in a safe manner for people they invite or are knowingly on their premises. When property owners fail to fulfill their responsibilities and their negligence results in injuries to a person, they may be responsible for the resulting injuries.
There are many different types of premises liability cases, including:
- Slip and fall due to poorly cleaned halls
- Falls down stairways that may be inadequately lighted or not in compliance with applicable building codes
- Failure to take corrective action after knowledge of a problem
- Not providing adequate security
- Furnace defects (carbon monoxide poisoning)
- Fires due to poorly maintained mechanical systems or broken smoke detectors
- Merchandise falling from shelves in retail stores
Property owners are responsible for keeping their premises safe. However, if a visitor is using the property in an unsafe or unexpected manner when injured, the liability may be on the injured party. An example of a property owner’s negligence causing an injury to a guest would be if a guest falls down a stairway that has a broken step. If the property owner knew– or should have know of the defective condition, the blame for the injury would likely fall on their shoulders.
Who Is Responsible for an Injury to a Guest?
- Commercial property. In a store or other types of commercial property, the liability will usually lie with the entity that is responsible for maintaining the premises. If the property is leased, this may be a lessee of the property, or the actual property owner, depending on the agreement between the two parties.
- Private home. In most cases, if a person is injured while visiting a person at their private residence and is injured due to an unsafe condition, the owner of the property is responsible. If the home is rented out, there is a possibility that both the tenant and the property owner may share blame, depending on the circumstance.
- Rental apartments. In general, the owner of the rental apartment is responsible for maintaining outside structures and permanent structures such as floors and stairs in the apartment. The tenant is responsible for movable objects within the apartment. The fault would depend on what caused the accident. One exception is that if the unsafe condition was never reported to the landlord, the tenant may be solely liable.
Advocates for those injured on others property
Rosenfeld Injury Lawyers represents people who have been harmed due to poorly maintained businesses, rental apartments and homes. Our team of premises liability lawyers investigates the circumstances surrounding the incident, evaluates potential code violations, and then consults with necessary experts such as engineers, architects or industrial designers to prepare the case for settlement or trial.
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