Friday, March 4, 2016

What to Do If Someone Has Been Injured On Your Property


If someone suffers an injury on your property, you may be liable for damages, depending on whether the injury occurred as a result of your negligence toward ensuring safe conditions for visitors. To determine this, the plaintiff will need to prove a few things.

1. The property owner knew about the dangerous conditions.

As property owner, you have a responsibility to regularly inspect the premises for dangerous conditions. Foreseeable risks include wet floors, insufficient lighting and defective staircases. If an accident was unforeseeable, as in the example of an intoxicated visitor spilling a drink and shortly thereafter slipping on the liquid, then you may not be liable.

2. The property owner could have corrected the problem but did not.

When conditions are discovered to be dangerous, you must either effect repairs or provide adequate warning. Circumstances may determine if you had reasonable opportunity to do so. For example, a trespasser, who enters without permission or notice, may be owed no assurances of safe conditions. The exception would be if the trespasser is a child. A property owner may be responsible for any conditions that could foreseeably endanger children, such as an unsecured swimming pool, whether or not the children enter lawfully.

3. The plaintiff suffered an injury.

The plaintiff must prove that an injury resulted from conditions that caused the accident. Medical experts may be called upon to determine the validity of any claim. Premises liability cases are often complicated due to the necessity of proof, requiring experienced legal counsel to successfully navigate. For more information on selecting a premises liability attorney in Clinton, visit this website.

No comments:

Post a Comment