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What Are The Circumstances That Determine Liability

If you have been injured from a slip and fall incident while on another person’s property is that property owner responsible? The answer to this question would fall under the premise liability laws of your state. Most of these laws are based on the assumption that a proprietor is obligated to maintain his grounds in a manner that will provide a safe environment.

Why were you on the property in the first place? Some state laws take this into account when it comes to establishing liability. A store owner for example, is obviously inviting the public to come into his place of business so that anyone entering should expect that safety measures have been taken. If on the other hand someone enters a property without being invited he will be considered to be trespassing and the owner of the site may not be held accountable.

Other states place more of an emphasis on the property itself. As a general rule, a property owner is responsible for keeping up reasonable maintenance to prevent dangerous conditions. Things like poor lighting and damaged flooring may be considered to be hazardous. In most instances an owner can be found liable if he knew that a risk was imminent and ignored it, or if he somehow actually caused the accident to happen.

Snow and ice accumulation presents a whole other set of rules. Generally speaking, visitors to a property are expected to take necessary precautions against the weather, but if the property owner is aware of a particularly dangerous onsite area and he has done nothing to remedy it, he can be held liable for injury due to negligence. Even if a property owner has had the foresight to hire a professional snow management and removal service he can still be held responsible for the injury to a legitimate visitor. This would be the case if after all their efforts the snow service crew has advised the owner that there still may be a hazard and the owner has chosen to disregard the warning.

Parker Lawyers are experienced in all kinds of personal injury cases. Contact them by calling the offices @ 303-841-9525 to discuss the circumstances surrounding your injury.

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  • Parker Office
    11020 S. Pikes Peak Drive
    Suite 220, Victorian Peaks
    Parker, Colorado 80138
    Phone: 303-841-9525