Proving Liability for Injuries on Dangerous or Imperfect Property

Who's liable for injuries that occur on dangerous or imperfect properties and grounds?

Accidents that are brought by imperfect or dangerous properties, either in or out of a building, are named as "premises liability" accidents. Such accidents can happen at trading buildings (stores or offices), houses (personal homes or rentals), or on open areas (play grounds, streets, or transport).

Premises can have some dangers in many ways - damaged design, inferior building or building materials, half-remaining repairing, or dangerous mass of things. Dangerous premises can cause to slip, fall, trip, or something hit with or drop on you.

When a dangerous situation of a property causes somebody to get injuries, which one is legally liable if any person? There are the common instructions for premises liability accidents.

The fundamental liability regulations for premises accidents
There are two essential rules to decide upon definitely who is liable for a premises accident.

Rule one: the owner have to make the property safe
The owner or resident of property has a lawful obligation to any person who comes in the building - like a resident, a customer, or a special or business guest - not to consider that person to an unfair possibility of injury as a consequence of the design, structure, or situation of the property. The explanation of the cause of this rule is easy: The owner manages the safety of the properties and the coming people doe not. For instance, when the owner of a public housing building does not organize repairing of a broken piece of floor in the reception area, he or she is liable when a coming one misses the step and fall due to that tile and get injuries.

Rule two: The coming people have to use the property carefully
The next rule of premises liability is applied to the behavior of the suffered one. When anyone gets injuries at the same time as acting in a surprising, unlawful, or seriously careless way, the premises owner or resident is not liable. For instance, when a guest moves down the stairs in unbalance way on the railing, the railing breaks, and the person gets injuries, the owner will not be considered liable.

These premises rules also apply to employees who get injuries on their employer's building; on the other hand, employees have the right to submit a worker's compensation claim more willingly than a personal injury case. In other way, employees who get injuries on premises except such building owned by the employer can submit a claim against the premise’s owner.

Who is liable: The owner or the resident?
In many cases, the owner of premises has different obligations than the resident. For instance, the owner of a premise may has special duties than the business hiring the whole or some part of building to run his business, or a home might be owned by one and given to a different person on rent.

When the owner and resident of a property are unlike in nature and quality, which is liable for a premises accident? There are different rules according to the type of property engaged, and even after that the decision of who takes liability can be not easy.

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Geek, H. 2014, Proving Liability for Injuries on Dangerous or Imperfect Property.

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