Dangerous Property or Buildings
What to Do if You Are Injured on a Dangerous Property or Building
These "slip and fall" or "premises liability" matters refer to a situation when an individual is injured on property that is owned or maintained by someone else, and the owner or possessor of the property is held liable for such injuries. If you have been injured in a similar situation you will want to seek compensation for your injuries.
When is a Property Owner Responsible for a Dangerous Condition on their Property or Building?
If any of the following occur, the property owner may be responsible to the party injured on their property or building:
- The property owner caused the spill, worn or torn spot, or other slippery or dangerous surface or item
- The property owner knew of the dangerous condition but did nothing about it
- The property owner should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it
Is the Owner Being Reasonable in Keeping their Property Safe?
The determination of reasonableness concentrates on whether the property owner makes regular and thorough efforts to keep the property clean and safe. Evidence that the property owner is not keeping the property safe include:
- the dangerous spot been there long enough so that the owner should have known about it
- there is not a legitimate reason for the object being where it was
- there was a safer place that the object could have been that would have done the same job at the same cost to the owner
- there was a warning giving sufficient notice about the object
Limitations on Recovery for Slip and Fall or Premises Liability Injuries
- Time limitations - there are time restraints put on injury matters called statutes of limitations. Each state has different time limits on when you must file a lawsuit. If you miss these statutory deadlines your case will automatically be thrown out by the Court.
- You are at fault - many states reduce the amount of recovery based on the respective fault of each party.
- You are injured on public property - special notice requirements exist in most states when you are injured on government property. The time limit, or statute of limitations for filing these matters can be as short as 30 days.
Do You Need an Attorney for Your Slip and Fall / Dangerous Property / Premises Liability Case?
If you or a loved one have been injured while at someone else's property or building, you should speak to an attorney immediately to learn more about preserving your rights and remedies. If you are a person being sued for injuries occurring on your property or building, you should also seek immediate legal assistance.
Consult a Lawyer - Present Your Case Now!
Last Modified: 08-26-2011 02:04 PM PDT
Did you find this article informative?
Link to this page