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Establishing fault in premises liability cases

On Behalf of | May 2, 2022 | Personal Injury |

When personal damages or injuries occur on another’s property due to unsafe conditions, the property owner is often held responsible.

Property owners must make ongoing efforts to ensure their establishment is free from hazards. Should they fail to do so, their neglect or oversight can result in significant harm.

Premises liability

A property owner holds an obligation to ensure the scope of his or her premises is safe and well-maintained for visitors, which includes:

  • The land
  • Buildings
  • Stores or shops
  • Apartments or housing structures
  • Outbuildings, including sheds or detached garages
  • Other structures on the property

If these or any area of the premises are poorly maintained or neglected, the property owner may be at fault for injuries that occur.

Establishing fault

In order to determine fault for an injury on another’s premises, certain conditions must be present.

  1. The injured party must be an invitee or welcome visitor.
  2. The property owner failed or neglected to remove a hazard, such as a spill, obstacle or untrained animal.
  3. The property owner failed to hire adequate security, which resulted in harm or theft.
  4. The property owner failed to make reasonable upgrades or repairs to facility equipment or components.
  5. The property owner failed to erect signage or safety warnings to prevent injury.

In some cases, the property owner is only partially responsible for an injury, particularly if another third party or the victim’s actions resulted in harm.

The unique details of each personal injury case are important to establish liability and confirm whether the owner made reasonable efforts to prevent harm to visitors.