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Elements of residential premises liability

On Behalf of | Sep 23, 2016 | Firm News, Premises Liability |

We may not give it much thought to it on a day-to-day basis, but we constantly place our safety and well-being in the hands of others. When we drive, we rely on other motorists to obey traffic laws and only operate their vehicles when they are attentive, rested and sober. Likewise, when we enter properties such as apartment complexes or other rental homes, we rely on landlords to ensure the premises are safe. Unfortunately, though, far too often these individuals lapse in their responsibilities, which can cause serious injuries.

One way this can happen is through a slip-and-fall accident. These incidences can involve someone slipping or tripping and falling due to a dangerous condition. Oftentimes these accidents result in injuries. Those who suffer harm in a slip-and-fall accident can face significant damages, including pain and suffering, medical expenses and lost wages.

In an attempt to recoup these losses, victims can pursue compensation via a premises liability lawsuit. However, in order to succeed on such a claim, a victim must show that certain factors existed and led to his or her injuries. For example, when the incident occurred on rental property, it must be demonstrated that the landlord had control of the condition that caused the slip or trip and subsequent fall. Additionally, a victim must establish that fixing the condition would not have resulted in unreasonable difficulties or cost to the landlord. Third, it must be demonstrated that the landlord could have reasonably foreseen that serious injury could be a consequence of not remedying the condition. Lastly, the landlord’s failure to fix the dangerous condition caused the accident and resulting injuries.

Proving legal factors like these are not always as easy as it may seem. Yet, those who adequately prepare their claims and support them with strong witness testimony and evidence may increase their chances of success. Thus, those who have been hurt in a slip-and-fall accident may want to discuss their options and strategy with a legal professional, as this post cannot serve as legal advice.

Source: FindLaw, “Slip and Fall Accidents Overview,” accessed on Sep. 18 2016