Property managers and owners have a duty to provide a safe environment to those who visit their establishments. If a business patron, resident of a rental property, or other invitee is harmed through negligence, the property’s owners could be liable for their damages.
Main forms of premises liability claims include:
Slip and fall: wet floors can cause customers to fall on hard surfaces, which can cause broken bones and other serious injuries. Management must quickly mop up spills, place down floor mats, and post signs to warn customers of wet areas.
Inadequate maintenance: when management fails to address maintenance issues, such as keeping trees trimmed, keeping elevators functioning safely, or removing dangerous materials, visitors and residents can be injured in a number of ways.
Defective conditions: when an area is under construction or out of order, signs must be posted to warn visitors.
Inadequate Security: property owners must take precautions against crime in order to protect their patrons as much as possible. This includes installing security cameras and hiring guards, especially in high-risk areas like a parking garage.
The liability of a property owner can vary, depending on the status of the guest. Determining the legal status of the injured party and the corresponding responsibility towards that party by the property owner can be complicated. For example, a landlord owes a lesser duty to a tenant than to a trespasser.
Generally, the following must be demonstrated in these cases:
- There was a condition on the premises that posed an unreasonable risk of harm;
- The landowner knew or should have known about the dangerous condition; and
- The landowner failed to use ordinary care to warn about or correct the condition, which ultimately caused the harm.
Satisfying this legal burden can be complicated and prevailing on these types of cases can be equally as difficult. As a result, it is imperative to hire an attorney well versed in these areas to fight on your behalf.
Seek Compensation for your Premises Liability with an Experienced Attorney
If you have been harmed through the negligence of a landlord, business owner, or other property management, you have a right to seek compensation. The accident attorneys of The Gutierrez Law Firm can help assess your situation and advise you on the best way to proceed.