Thousands of Americans are injured every year because of hazardous conditions that exist on land. Some examples are when they trip and fall at a store, a business, or even a neighbor’s house. It is a common misconception that the insurance company for the property owner is going to pay all damages. The law generally favors property owners and store owners; it is often difficult for injured people to recover anything.
The two situations in which property owners are held responsible for injuries or damages that happen on their property are:
|1.||A Temporary Condition Not Created by the Property Owner|
|2.||A Hazard Created by the Property Owner|
Temporary Condition Not Created by the Property Owner
Property owners may be held responsible when there is a temporary condition, not created by the property owner, which is unreasonably dangerous. The most common example of this is spilled milk at a grocery store. In order to be successful in this type of a personal injury claim, the injured person must show all of the following three (3)things:
|1.||The person must show what they fell on, and|
|2.||That the property owner knew about the condition, and|
|3.||That the property owner had time to fix the hazardous condition|
If you are unable to show any of those items, then you probably cannot bring a claim for damages.
A Hazard Created by the Property Owner
Property owners may be held responsible when the property owner creates the hazard. For example, if the property owner leaves an open hole or does not have guardrails on their stairs, then the property owner is much more likely to be held responsible.
At Bradley C. Harr, PC we have many trip and fall cases. We are happy to speak with you about your case and provide some insight about your possible claim. Call today for a free consultation.