A Close Look At Premises Liability

At times, the legal issues that concern premises liability can provide an accident victim with grounds for suing the owner of the place where the accident took place. That would certainly be true, if the owner had allowed that same property to exist in an unsafe or defective condition. In other words, that would be the case, if the owner had been negligent.

What sort of actions would be evidence of negligence on the part of the owner?

• Evidence of the owner’s failure to maintain the property on which the accident took place.
• Evidence of the owner’s failure to use a reasonable amount of care, upon the arrival of any guests, especially those that had been invited. That would include care for any customers that enter a store.

Events that can highlight an owner’s absence of care

Slip and fall incidents
• Elevator accidents
• Escalator accidents
• A near-drowning at a swimming pool
• The sudden release of toxic fumes
• Failure of an automatic door to work in the way expected
• A box in a storage facility falls on someone standing nearby

Characteristics of a property that might showcase an owner’s negligence

• The absence of a handrail on a stairway
• Oily or wet floors
• A hidden extension cord
• Loose or broken sections of the floor
• A crumbling bannister or a crumbling stairway
• Unsecured rugs

A characteristic of a property that might or might not become grounds for a charge of premises liability

Sometimes the features at the entrance to a residence, a room or some outdoor section of a given spot can create a situation that challenges the unsuspecting visitor. In such situations, any accident victim might find it hard to prove negligence on the part of the owner. That would certainly be the case, if the owner had not played a part in construction of the dangerous entrance.

By the point where the owner of a residence has gotten used to navigating an entrance’s challenging feature, the owner’s familiarity with that feature might not realize how it could present a challenge to guests. On the other hand, a caring host would seek to alert guests to any possible danger.

Yet it is possible that a business with an automatic door might alert customers to “keep back,” so that no one tries to keep the door open for someone else. If the door closes on a customer using a walker, and if the person accompanying them has obeyed and stayed back, then that business could be charged with premises liability. Of course, after compensating the frightened and possibly injured customer, the same business could seek money from the company that had claimed that the automatic door functioned perfectly. Thus, you need to talk with a personal injury lawyer in Cambridge to fulfill the legal requirements to get the compensation.