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.
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