Property owners should keep their property and land maintained to ensure the safety of anyone who comes to visit. Inadequate maintenance can lead to many unfortunate accidents which can affect others. As a result, the property owner can be sued as the liable party for poorly maintaining the property and for being negligent to ensure the safety of the visitor. However, in every establishment, some accidents can occur which the owner would not be held liable. If you are a victim while visiting a poorly maintained property or if being an owner you are thinking that the claim against you is not right, then you should get in touch with a professional Washington, PA accident lawyer immediately.
The following conditions can hold a property owner liable for the injury of the visitors:
- Knows or by the exercise of reasonable care, discovers the issue but remains neglectful
- Aware of the potential risks that can cause some accident, but expects the visitor not to find it
- Fails to maintain the property and unreasonably exposes the visitors to the risk of accidents
That is why the owner of land must ensure complete maintenance so that it doesn’t contribute to any further risk to the visitors. If you are an owner of a business establishment, then you must ensure complete safety by maintaining the areas of your establishment that will be used for daily activities.
However, in the case of a business establishment, the owner is not usually held liable for any accidents which happen on business property. Any accident on the property cannot be due to the negligence of the owner or their breach of duty. If the issue with the establishment is easily traceable by the owner or if after knowing the issue, the owner has not taken any step towards repair, then he or she will be liable. If the issue is not apparent, then the jury will try to find out for how long the damage had been there and if it was noticeable during the reasonable exercise of care. If the owner is found to have failed in taking care of the property to find the issue, then definitely he or she will have to pay the compensation to the victim. Such evaluation can be possible only by a professional Washington, PA injury lawyer.
If someone visits the establishment for not any business purposes, but to visit a friend, then it is necessary for the owner to notify them about the potential risk in the establishment. These visitors are called licensee. In this case, the duty of the possessor is not finding and fixing the flaws but to let the visitor know about it.
If anyone trespasses on property, then the possessor is only responsible for any willful harm to the trespasser. Otherwise, for any accident to the trespasser, the owner won’t be liable. For more minute details in such cases, it is necessary for you to consult a Washington, PA injury lawyer.
If you are looking for such a professional lawyer, then come to us at Horowitz & Logue. Our experienced Washington, PA accident lawyer is adept to look after such cases. Call us today at (724) 288-9750 for a free consultation.