Do you have a premises liability claim? Were you in an accident on a commercial property like a retail store? If so, you may find that it can be difficult to prove fault.
When working to pursue a commercial property liability claim, you, as the plaintiff, have the burden of proof. This means that to have any chance at receiving compensation for the accident, you must be sure to have a valid, strong case, including clearly showing that the defendant is responsible through negligence or a breach in a duty of care they owed to the victim.
Do Property Owners Have a Legal Obligation to Fulfill?
The owner or landlord of a property (residential or commercial) owes victims of accidents compensatory damages when an injury occurs. Compensatory damages are obtained through a premises liability claim. Commercial property owners usually dedicate significant effort to prevent any accidents and keep dangers away from their customers. There are various scenarios that can lead to valid liability claims – one is negligence. Negligence claims often go hand in hand with allegations of a breach in the duty of care owed to anyone who is on the premises of a commercial property as an invited guest. The duty of care owed to visitors is that the landlord/owner must provide a safe space.
Identifying Dangerous Conditions:
There are a number of ways in which a customer or invited visitor to a commercial property can suffer an injury while on site. Many can be described as a “dangerous condition.” There may be internal hazards such as wet or slippery floors, obstructed walkways with misplaced debris, holes in the ground that are not property blocked or guarded, overheated objects, sharp objects, loose carpets that can cause a fall, etc. These and many other forms of dangerous conditions can be evident on a commercial property and any one of them may result in a serious injury.
Liability & Control:
In order for someone to found responsible for paying damages to the victim of a commercial property accident, they must have held control of the property during the time of the accident. Who was in control of the property at the time of the incident can change who will be held responsible for the damages. The liability can transfer to a resident or other person who held control over the location at the time in certain situations. The party at-fault who held control of the property is required to maintain the location by avoiding hazards and dangerous conditions. If a tenant has full control of a property, an owner or landlord can often avoid the burden of liability. These are just a few of the issues that must be considered when preparing a commercial property injury claim and attempting to prove fault.
If you need to file a commercial property injury claim, please get in touch with one of the experienced personal injury attorneys at Aronow Law PC in order to discuss what other issues you should include in your case preparations. We are ready to assist you as you seek compensation for your injuries.