A property owner is responsible for making sure their property is safe, and that others will not be injured while on the grounds. When injuries occur due to unsafe conditions, those injured often have the right to hire personal injury lawyers and file a claim against a property owner for their injuries. Anyone who has been hurt due to neglect or oversight on the part of a property owner should discuss their situation with experienced unsafe structure claims attorneys to determine whether they are able to file a lawsuit.
About Premise Liability
Premise liability means that a property owner, or the person who occupies a property, is responsible for keeping that property safe, and protecting anyone on the property from injuries caused by unsafe conditions. When customers, clients, residents or even visitors are hurt on a property because of something that could have been prevented, either the occupant or the property owner may be responsible for any injury claims that may be filed against them by any of these people and their unsafe structure claims attorneys. The amount of liability may be dependent upon the injured person’s status, or their permission for those filing a claim to have even been allowed on the property.
Which Party Is Responsible for Accidents?
Depending on the circumstance, the type of property, and the cause of an injury, the “at fault” party may differ. Property owners are not always the occupant, and when an injury is caused by something the occupant is responsible for, the occupier may be named liable. Following are a few examples of who may be responsible for a persons injury damages on both commercial and residential properties:
Commercial Properties - Responsibility to provide safety on a commercial property is generally the responsibility of the occupant, as determined by specifics in the lease about the required care and maintenance of the premise, and keeping it safe. This usually covers things such as de-icing walkways and keeping floors dry, alerting property owners of necessary repairs, and providing a generally safe environment for those visiting the property. Personal injury lawyers assert that the property owner is typically responsible only for things the occupier is not responsible for, or when unsafe conditions were known and not remedied, such as failure to provide necessary repairs to their property.
Residential Properties - The responsible party of a residential property can differ depending on the type of residence, and where an injury occurs - as well as to whom. When the resident is also the owner, then the owner is responsible for injuries sustained on their property by invited individuals. In rental and lease situations, tenants are responsible for injuries that occur inside living spaces, since they have control over those spaces. Property owners are liable for injuries that occur elsewhere, like common areas including walkways, parking lots, stairways, and any area that is maintained by the owner.
Who Has Been Injured?
In most cases, anyone injured on a commercial property may file a claim against the occupant or owner of said property unless they were injured while on the property unlawfully. This is slightly different with residential properties, where those who are allowed to file claims must have been invited onto the property, been given permission, or permission was assumed for them to be on the property. In both commercial and residential incidents, persons unauthorized to be on a property may not be allowed to file an injury claim against either the tenant or property owner.
Since every premise liability case differs depending on who becomes injured, how, and where, it is best for anyone who has been hurt on a property to discuss their circumstances with experienced unsafe structure claims attorneys. When an occupant or tenant is at fault for failing to provide a safe environment and an injury is the result, personal injury attorneys familiar with premise liability law can help innocent victims obtain the settlement they are entitled to!
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