Property owners are required to keep their premises safe for visitors. When an apartment building, a shopping mall, or a city park is neglected, unsafe conditions may develop. A person might slip and fall on an oil spill, fall down broken steps or be attacked in the dark because of poor lighting or inadequate security.
A premises liability claim seeks to hold a property owner responsible for an injured person’s costs if the property was left unsafe. The claim may be also brought against a property manager or a contractor who worked on the property.
Many factors are considered when determining the extent of liability:
- The property’s condition
- The property’s purpose
- The reasonableness of any repair efforts made by the owner
- How predictable the accident was
- The legal status of the injured visitor
Legal Status of the VisitorThe visitor may have been on the property legally or illegally. When a person is invited on to the property, like a social guest or a store’s customer, they are referred to as an invitee, and the property owner or renter is held liable for their safety.
When a visitor is on the property for his or her own reason, such as a garbage collector or lawn care professional, they are regarded as a licensee present with the property owner’s consent. A visitor on the property illegally is a trespasser. The property owner is not necessarily considered as having an obligation of reasonable care for licensees and trespassers.
Comparative FaultIn some cases the injured person is found to be partially responsible for their own accident. Visitors are thought to have a duty to exercise reasonable care for their own safety. When they fail to exercise it and sustain an injury, their compensation will be reduced proportionally to their own negligence.
If you have been injured because of a property owner’s negligence, you may have a valid legal claim. Please call or
email our premises liability attorneys today to set up a free consultation and case evaluation.
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