A slip and fall accident injury claim is one of the common personal injury actions brought against homeowners or business owners, by those who claim that it happened due to a dangerous condition on their premises.
Can You Please Help Me Understand Notice of Dangerous Property Condition?
In this case the lessee, owner, or the individual who occupy the property had prior notice of its dangerous state and its potential for inducing harm, that person is legally obliged to take reasonable measures to keep others from that harm.
The person, who occupies or possesses the property with the intention to control it, is responsible to keep it safe.
Can Someone Who Visits the Property Sue Its Owner for their Injury?
When a guest of the owner or tenant was responsible for the injury, the plaintiff party can include him or her as a defendant, tenant or owner as long as the injury happened on the property in question.
A defendant party does not need to be the tenant or owner of the property, as long as the legally responsible party was in its control.
What Obligations Does a Tenant or an Owner Have with Respect to the Premises?
A tenant, an owner, or a person who either occupies or controls the property usually owes a duty to people who come onto their building to exercise reasonable care in managing it, in order to prevent exposing others to a risk. In legalese, this risk is known as “unreasonable risk of harm” and this duty is called “duty of care”.
With evidence that the duty lied on the landowner’s part, or on that of the tenant/occupier/controller of the property in question, no negligence on the defendant’s part may be found. As a result, a slip and fall lawsuit would fail. This is why one should have an experienced and adept slip fall attorney establish the guilt on the court, instead of relying on some rookie lawyer for that.
What is an Unreasonable Risk of Harm?
Any condition which causes the risk of harm might just be an artificial hazard too, and one that is made by the agent or owner or anyone else who can cause a slip and fall injury. In all US states, people have to conduct as per the prevailing behavior standards for that state in order to avoid such risks. If one violates his or her state’s standards, then they may have to compensate the injured victim for any damages.