Accidents can happen anywhere. When a property hazard causes an accident, it may fall under premises liability law. A key part of a premises claim is showing that a dangerous condition existed on the property and that the property owner knew or should have known about it and they did not fix it or failed to warn about it.
But what exactly makes a condition “dangerous”? And what responsibility do property owners have for keeping visitors safe?
When is a Condition “Dangerous”?
An accident occurring on someone else’s property does not automatically mean the property owner is at fault. A property condition is considered dangerous only when it creates an unreasonable risk of harm to those on the premises.
Some common examples of dangerous conditions include:
- Wet floors caused by spills, leaks, or cleaning done without putting up warning signs
- Rugs or floorboards that are ripped or uneven
- Stairways or handrails that are broken or not taken care of
- Potholes in parking lots or cracked pavement on sidewalks
- Dim lighting that makes hazards harder to spot
- Untreated icy sidewalks and walkways
In simple terms, a dangerous condition is something a normal person would understand to be unsafe and capable of causing harm if not fixed.
What Property Owners Must Do
People who own property, whether for business or private use, are required to keep it safe enough for visitors. Their responsibilities include:
- Regular Inspections–Property owners need to inspect their property often to identify hazards.
- Timely Repairs–Once they spot a problem, owners should repair it as soon as possible.
- Clear Warnings–If fixing a hazard right away isn’t feasible, owners must put up visible warnings like “wet floor” signs or use barrier tape.
The level of responsibility shifts based on who the visitor is:
- Invitees, like customers and clients, require the greatest care.
- Licensees, such as social visitors, still deserve proper care and warnings.
- Trespassers do not get receive the same protection. The duty of care for trespassers is typically limited to refrain from willful or wanton conduct that would intentionally or recklessly cause injury to the trespasser. However, some exceptions apply when the trespasser is a child. When a child is involved there may be a higher duty of care required.
Failure to fulfill these duties can make an owner liable if someone is injured due to a hazard on their property.
How Hazardous Conditions Affect Personal Injury Cases
To succeed in a personal injury case, the injured party needs to prove:
- There was a hazardous condition present.
- The property owner either knew about it or could have discovered it through proper inspection.
- The owner failed to fix or warn others about the hazard.
- The hazard led to the person’s injury.
Each of these elements must be proven to succeed on a claim. Property owners and insurance companies might claim the danger was clear, not surprising, or could have been avoided. They may argue that the injured person is to blame for not paying attention to warnings or behaving carelessly.
To prove your case, collecting evidence is crucial. Photos of the hazard, surveillance videos, witness testimonies, and maintenance logs can demonstrate that the dangerous condition existed and that the property owner did not address it.
Seeking Help with Your Premises Liability Case
Premises liability cases can become complicated quickly. Determining what counts as a dangerous condition and whether the property owner should have known about it requires careful legal analysis. Meanwhile, property owners often have insurance companies and lawyers working to minimize any payouts.
A skilled premises liability lawyer can gather evidence, speak to witnesses, review inspection records, and collaborate with experts when necessary.
If unsafe property conditions caused harm to you or someone you care about, the attorneys at Brock & Stout can help. With many years of experience in personal injury law, our team knows how to handle even the most challenging premises liability cases.
Contact us now for a free review of your case, and we will fight for the compensation you deserve.