When Is The Property Owner Responsible For My Injuries?Simply getting injured on someone's property does not entitle you to a recovery. You must first prove that a dangerous or defective condition on the property caused your accident. There are alsoadditional factors to consider including: notice of the condition, the injured persons legal status and any comparative negligence.
Premises liability cases are often contested, particularly when there is no incident report. Therefore, if you are injured in a retail store or business it is important to advise the manager so a report is taken.
Many lawyers do not get involved with premises liability claims because they know the defendant is likely to challenge the case on numerous grounds. Our firm has aggressively pursued these cases and recovered millions of dollars for our clients. We know the unique legal issues and have obtained successful jury verdicts as well as substantial settlements.
Proving NoticeIn many cases simply showing that a dangerous condition existed on someone's property is not enough. Often times you need to prove notice, which means, the defendant knew or should have known about the condition. Therefore, if a customer spills something immediately before you slip on it, then the store may not be responsible. The notice issue is often a problem because the injured person has no idea how or when the dangerous condition got there.
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There is an important exception the proving notice. If the defendant actually created or caused the condition then notice is not required. For example if merchandise is stacked improperly or the store fails to place signs after mopping the floor.
What Is My Legal Status?Your legal status is determined by your purpose or reason for being on the property and falls into three general categories: business invitee, licensee, and trespasser. The duty or obligation of the property owner depends upon your status.
A business invitee applies to anyone who enters a property for a purpose that is connected with the business. You do not actually have to purchase something or complete a transaction in order to qualify as an invitee. For example if you are merely browsing at a clothes store you are still an invitee even if you do not plan to buy anything at that time. As an invitee your are owed the highest standard of care. The owner/business has a duty inspect their property and make it safe.
A licensee applies to a person who is on the property with the owners permission, but not for a business reason. Therefore, if you are visiting someone as a social guest you would be a licensee. You do not need a express invitation to fall into this category, so long is it is reasonable to believe the owner has no objection to your presence on the property. An owner is still responsible to correct or warn about a known dangerous condition, but there is no duty to inspect the property.
A trespasser is someone who enters a property without authorization. That means the owner has not invited you nor given any indication that your presence is acceptable. In this case the owners obligation is minimal. He is only liable if he intentionally or recklessly injuries you.
Landlord Negligence
Typically a landlord tenant relationship is created through a lease, which essentially a contract. Therefore, in order to determine the landlords responsibility/liability its important to understand their obligations under the lease. In many residential leases the landlord will be required to make repairs, but only after they are given notice and a reasonable opportunity to fix the problem. That means the tenant must tell the landlord about the dangerous/defective condition. If a landlord is ignoring your requests then it is always a good idea to document the problem by sending the landlord a letter, otherwise it is easy for them to claim you never advised them of the problem.
In apartment buildings or multi-unit complexes the landlord is also responsible for maintenance of the “common areas”. This includes any part of the property that is shared by more than one tenant, such as walkways, parking areas, laundry facilities, etc.
Defective Sidewalks and Stairs
The property owner has primary responsibility for maintaining sidewalks, but the city or township may also be liable for dangerous sidewalks. According to most local ordinances the owner must maintain the sidewalk so that it is reasonably safe for pedestrians. Often sidewalks become misleveled or broken over time and the owner just ignores it. The best thing you can do to prove your case is to get photographs before the condition is changed.
The city or township may be “secondarily” liable for the condition of the sidewalk This is helpful because means that you can recover money from the city if the owner is uninsured. However, a claim against the City will have the additional requirement of proving that your injuries are permanent.
Falling down stairs can cause often cause significant injuries. Therefore, it is our belief that a property owner must pay particular attention to make sure stairways safe. There are specific building code requirements for stairs and it is helpful to have safety engineer inspect the property for any violations. For example the building code will specify minimum safety standard for the height and width of each step as well as railing requirement. Poor lighting can also contribute to stairway fall and can be basis for a successful claim.
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