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Premises Liability: Is a Property Owner Responsible for Your Injury?
Written/Reviewed By:
Barry S. Kantrowitz, Esq.
Last Updated: Apr 10, 2013
Read Time: 3 mins
Who is responsible when a person is injured on a property owned by someone else? For example, is a landlord liable for tenant injuries? Premises liability law seeks to identify when the person in possession of the property must compensate someone for injuries that occur on that property.
Because various legal factors — such as negligence, the status of the visitor or the role the injured person played in the incident — determine when property owners are responsible, premises liability cases can become highly complex. This makes the advice of a premises liability and slip and fall accident attorney invaluable.
When Are Property Owners Responsible for Injuries Occurring on Their Properties?
While property owners are not automatically responsible for every injury that occurs on their properties, they could be held liable if certain conditions are met. Owners are obliged to keep their properties safe and free of defects like broken sidewalks, slippery surfaces, dim lighting or improper signage. If owners do not maintain their properties, and know about an existing defect or otherwise dangerous condition, this notice, whether actual or constructive, could amount to negligence if someone is injured before the dangerous condition is corrected.
When Can People Sue Property Owners for Assault Occurring on Their Properties?
If the victims of assault were publicly or personally invited or allowed on an owner’s property, and the owners could have anticipated or prevented the assault, the owners may be liable for damages. Assault victims could sue the property owners for failure to sufficiently warn them about any dangerous criminal happenings in or around the property’s vicinity or for neglecting to provide adequate security measures, like installing cameras or blue light phones, hiring security personnel, and furnishing working window and door locks.
Are Landlords Responsible for Slip and Fall Accidents That Happen on Their Apartment’s Common Grounds?
As with any property owners, both landlords and their property managers must ensure their residential buildings and grounds are reasonably safe for their tenants and any guests. However, accidents that cause people to slip and fall — resulting in injuries that range from sprains and strains to broken bones or head injuries — often happen within apartment buildings and on their grounds. If either the property manager or the owner created or failed to correct a hazard that caused someone’s injury, they could be held legally liable.
Are Landlords Liable for Lead Poisoning Caused by Lead-Based Paint in Their Apartment Buildings?
According to both federal and state laws, landlords with residential buildings built prior to 1960, or between 1960 and 1978 with a known lead paint issue, must inspect and remedy lead-based paint. This is particularly true in buildings or units where small children live. When abatement is performed, landlords must also ensure that appropriate lead-safe procedures are followed and that any surfaces with lead-based paint are removed or sufficiently covered. In some states, landlords must keep records of any repairs for proof.
Who Do I Call if I Am a Victim of Premises Liability?
If you or your loved one was injured when on someone else’s property, you may be able to recover for damages to help you with medical expenses, lost wages, and pain and suffering. Contact an experienced premises liability lawyer in your area today to discuss the unique circumstances of your case. An attorney who has previously investigated and litigated premises liability cases can give you advice on what documentation and evidence is needed and help you prepare a case to hold the appropriate parties responsible.
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