Property owners are responsible for visitors’ safety, in a concept called premises liability. The level of care expected varies depending on the property type, its use, and the relationship between the property owner and visitors. In some areas, if an owner could reasonably foresee an accident, and did nothing to prevent it, they could be charged with negligence.
Premises Liability Types
Homeowners have a duty to make sure their homes are safe for visitors and service providers. A homeowner should not create an injury risk by leaving floors slippery, or by failing to repair faulty railings and stairs.
A storeowner has a responsibility to ensure the structural integrity of their building, and to ensure that plumbing, doors, elevators, windows, fixtures all work properly and cause no harm.
Business owners leasing space have a duty to keep aisles clear, and that products aren’t stacked too high or otherwise stored dangerously.
Landowners have a responsibility to keep their land safe for its intended purpose. Owners of private clubs, lakes and resorts, and landowners allowing public access all have this duty.
Depending on who controlled the property’s harm-causing element, liability can also fall upon those who lease or rent property. For instance, a property owner can be liable for injuries caused by falling debris. In these cases, the tenant and the property owner share liability.
Recovery Limitations
In many states, statutes limit the time a person has to bring a premises liability claim. If a plaintiff waits too long to file a suit, they can lose their right to file. Limitations vary by location and incident type, and an Injury Lawyer in Cartersville, GA can help their clients file claims within the statute of limitations.
Many states reduce recovery amounts based on the percentage of fault held by each party. Not every injury is caused by someone else. Some people are hurt through carelessness on their own part, and in those cases, recovery is not possible.
If someone is injured on public property, notice requirements limit their recovery. These notice requirements shorten the statute of limitations. In many states, claim notices must be brought within 30 days of an incident. If you need help with a claim, call the law offices of Hait, Eichelzer and Kuhn today.
