Halt | November 9, 2022 | 0 Comments

Proving Fault in Accidents on Dangerous or Defective Property

Premises owners have a duty to protect their visitors from unexpected injuries. When you visit a business, public, or private property, you should not expect to be risking your life. If you get injured because a premises owner was negligent and failed to properly maintain their land, they are responsible for the results of their mistakes.

Personal injuries are serious and can create lasting financial damages. Because of this, you should seek help from an attorney as soon as you are injured on someone else’s property. An attorney can prove how the other party is at fault. According to personal injury attorney Henningsen, this includes the following:

Property Must Be Safe

a man fell from the stairs

When you are visiting someone else’s premises, it is their responsibility to ensure the property is safe. An unsafe premises puts your life in danger and is a sign of neglect. The owner must maintain the property by keeping it clean, removing all obstacles from heavily trafficked pathways, removing dangerous hazards, repairing damaged areas, updating old equipment, and removing pests. When property owners fail to perform these tasks, they can put the lives of their guests at risk. It is their responsibility to ensure their guests are not harmed during their visit.

Visitor Must Have A Reason To Be There

You should be in the area you were harmed for a legitimate reason. For example, if you are there to shop, this means you were performing normal and reasonable activity while you were injured. If you have no reason to be there, for example, if you got injured while crossing into someone else’s private property, you may be at fault for your own injuries.

No Criminal Activity

a man trying to break in a house

If you were involved in criminal activity, then you may also be considered at fault for your own wounds. For example, if you were breaking into someone else’s business office and in the act of something criminal, you may be liable for your own injuries. The same could be said of people who were trespassing on another’s property and got bitten by dogs on the premises.

The Reason For The Injury Was Not Obvious

When the obstacle is so obvious that you could have clearly avoided it, you may be liable for your wounds. For example, if there is a huge pit and ample room to walk around it, you may be blamed for your own injuries. It might seem as though you intentionally put your life in danger.

Signs Are Up

If there were hazard signs that indicated to watch out for a specific hazard, this could protect the premises owner from any liability. The other party might justify that visible signs should be enough warning to protect visitors from getting hurt. If it were a difficult-to-see sign, this might be another issue that leaves the property owner liable for your wounds.

Determine If You Have A Premises Liability Case

a man talking to a lawyer

Before filing a lawsuit, speak to a premises liability attorney. They can determine why the property owner should be responsible for your damages. Additionally, they can seek a settlement on your behalf once they have gathered enough proof.

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