Premises claims arise from an injury on someone’s property due to a dangerous or defective condition or negligent conduct. The damages one can recover result from the extent of the property owner or tenant's liability, or legal responsibility. A property owner or tenant has the responsibility to be aware of dangerous conditions on their premises and to take reasonable actions to alert the public and correct the situation within a reasonable amount of time. Liability is determined by whether the property owner or tenant was aware, or should have been aware, of the dangerous condition that led to your accident, how long he/she was aware of the condition and if he/she took reasonable action to prevent accidents from occurring.

Questions to Ask to Determine Liability:

1. Had the dangerous condition been present long enough so that the owner or tenant should have been aware of it?
2. Could proper lighting have prevented your accident?
3. If a foreign object caused your accident, could it have been covered or moved to prevent your injury?
4. Are the premises regularly inspected and maintained?
5. Could a simple barrier or sign, alerting you to potential danger, have prevented your accident?

What to do if you sustain an injury
1. Try to document the dangerous condition with photographs
2. Note the exact location of the accident (i.e. the exact stair that you slipped on)
3. Make an effort to get names and contact information from all witnesses
4. Contact an attorney as soon as possible

The manner in which your claim is handled at the outset will determine how successful the eventual result of your case is. Contact an attorney at Hach & Rose today to review your case.