Premises cases usually involve fall down cases, cases involving fights, and so forth.
How Do I Know Whether I Have A Premises Liability Claim That Should Be Pursued?
The owner of the premises has to keep their premises in a safe manner. If somebody is injured on somebody’s premises and they were caused to be injured because maybe the steps fell apart, maybe a railing on the porch let go, maybe they were walking on the steps and a railing let go, maybe they were walking on the walkway and there was an uneven surface or we can get into cases involving snow and ice when an area wasn’t sanded and salted, then those are all areas where the landlord or the property owner would be held responsible.
Is There Any Comparative Fault In Premises Liability Cases?
Often times, there is comparative fault in premise liability cases. The person “should have known” or “should have been more careful.” So oftentimes, if the walkway was uneven and the injury was serious, there very well may be either a settlement or a verdict and then that might be reduced by a certain percentage because the person either knew or should have known about it and should have been a bit more careful.
What Is The Statute Of Limitations For A Premises Liability Claim?
There is a 3 year statute of limitations for a premises liability claim.
What Are The Common Conditions That Cause A Slip and Fall Or Trip And Fall Accident To Occur?
We can look at a torn carpet, we can look at poor lighting, we can look at a narrow staircase, we can look at poor drainage, we can look at risers on steps that don’t meet building codes, or we can look at breaks in coloration which may provide for an optical illusion (i.e., if all the steps are the same color as the landing, then that may provide an optical illusion). At that point there may be a human factors expert that may be looking to assist us in giving an opinion as to whether there was negligence on part of the owner. We may be talking about treads at the end of steps that may help stop fall down cases on steps.
What Factors Must Be Present For A Viable Slip And Fall Case On Commercial Property?
Ordinary negligence must be present for a viable slip and fall case on commercial property. It is important to inspect the locus of the fall in the matter of stairs. As I said, we are talking about risers, breaks in coloration, or treads on the stairs. Relative to commercial properties, if there is a slip and fall involving snow and ice, it’s important to look at the locus for the configuration of the property to see if there are ruts or there are areas to allow for a collection of water which then can be allowed to freeze. It’s also important to take a look at gutters and drain spouts which allow water to collect and then to freeze.
Who Can Be Held Liable For A Slip And Fall Or A Trip And Fall On A Commercial Property?
The owner of the property can be held liable or the store owner on the property can be held liable. If there is a contractor who did some work improperly among others in snow and ice cases, the company that does the sanding and the salting may also be responsible.
For more information on Premises Liability Claims In Massachusetts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 262-9200 today.