Landowners and tenants, managers of property, or anyone with control over
property, can all be held responsible when injuries occur on their property.
They have a duty to inspect their property and are obligated to make the
property safe or warn visitors of any dangerous condition on their property.
They must also take the necessary precautions to protect people and they
must adhere to safety guidelines and procedures in order to prevent harm
or injuries. If negligence on the part of a landowner, tenant, manager
or entity in control of the property is proven, it can be liable for the
victim’s accident and is responsible for fairly compensating a victim
for damages suffered. As with
car accidents and other kinds of
personal injury claims, proving negligence and determining a fair compensation is difficult
if not impossible without professional legal advice.
Landowners and Liability
Premises liability law states that the landowner, tenant, manager, or entity
in control of the property, whether it is commercial, agricultural, public,
or residential, has a duty to maintain the property in a safe condition.
They are responsible for taking the necessary acts to make their property
safe for others. The duty of the landowner, tenant, manager or entity
in control, is to inspect the property to ensure that visitors are not
exposed to potential and preventable harm. When landowners, tenants, or
managers fail to do this, injured visitors may file a premises liability
or personal injury claim due to the unsafe condition.
An unsafe condition may include holes in the ground, uneven walking surfaces,
drops in elevation that are not easily visible, inadequate lighting, conditions
of disrepair, conditions that violate the building code, or any other
unsafe conditions on the property. It may also include retail goods or
equipment that are not secured safely (and fall on the visitor) or not
safely maintained. Wild and domestic animals, including dogs jump on,
attack or bite visitors to the property, may also be the fault of the
landowner, tenant or manager of the property in addition to the owner’s
liability. These animal injury situations are also considered to be premises
liability claims. Each injury situation must be evaluated for the legal
responsibility and duty of the landowner, tenant, manager, or person in
control of the property in order to recover for the injured victim.
Legal Help for Premises Liability Claims
Liability can vary based on the visitor's conduct and on the laws or
regulations governing a specific type of business or property. It is extremely
important that you consult a qualified lawyer from our firm to investigate
the landowner, tenant, and manager, who controls the property, the history
of the property, the physical condition of the property, and applicable
laws and safety regulations in order to prove the extent of the danger
and all the parties who are negligent and caused the unsafe condition.
Once your case has been assessed, our firm will work quickly and aggressively
on your behalf.
Contact SWARTZ & KENNEDY
for the representation you need.