Understanding the basics of premises liability

Posted on February 28,2017 by lawrzwp

When you are invited on someone’s property as a tenant, a guest or for any other reason, the owner of the property has a legal right and responsibility to make sure you are reasonably safe when you are on that property.  This concept holds true for private residential properties and commercial properties of any size, including office buildings, shopping centers or retail outlets.

 

When a property owner fails to maintain the safety of their property, and they put people in harm’s way, resulting in an injury or death, they are guilty of being negligent and can be held accountable for premises liability.

 

Premises liability can take many forms.  For example, premises liability may exist when a property owner has:

 

  • Substandard lighting that results in a tripping accident
  • Poor security measures that lead to an assault or a robbery
  • Poorly maintained appliances that cause a fire
  • Consistently wet pavement or floors that cause someone to slip and fall
  • A dangerous or unchained dog that bites a visitor
  • A swimming pool with no fence or a safety gate that allows a person to drown

 

An attorney can file a suit on behalf of a victim in a premises liability situation with the intent to recover damages for pain and suffering, lost wages, medical bills and other expenses related to the accident or death in question.

 

The primary key to winning a Toledo premises liability suit is that the attorney must show the property owner knew they were negligent in maintaining their property and had adequate time to correct the condition.  This proves negligence, which is the key to winning a case.

 

But, if a Toledo property owner can show they attempted to fix a problem, they might be able to meet the standard of a reasonable defense.  It is incumbent on a premises liability attorney to show the burden of proof in cases such as these.

 

The Law Office of Rubin & Zyndorf serves clients in Toledo and nearby Ohio communities.