The legal theory of premises liability holds a property owner (or non-owner resident, such as an apartment owner) responsible for maintaining a safe environment for guests and invitees. Is it possible to file a lawsuit to collect damages if a slip and fall occurs on the property of a business or private residence? The answer is yes, but proving a case may be difficult and it is in the victim’s best interest to hire a highly-skilled attorney. Never hesitate to seek legal guidance for a case involving an injury due to a negligent property owner.
Private Residences and Businesses
Duty of care is the legal responsibility people owe one another to ensure that actions will not result in injuries. A duty is breached by a property owner when they have acted negligently and the failure to safely accommodate guests may leave them liable for injuries sustained by invitees.
A competent attorney will take the following circumstances into consideration when handling a premises liability case:
- Circumstances under which the visitor entered the property
- The property’s use
- Foreseeability of the accident or injury
- Efforts by the owner/possessor to repair a dangerous condition or warn visitors of an existing hazard
Accidents which occur on businesses and private residences are generally handled in the same regard unless the victim is an employee of the business.
Most private employers are regulated by the Occupational Safety and Health Administration (OSHA). An employer is required to provide employees with a workplace free of safety and health hazards according to the General Duty Clause of the OHS Act (1970). Potential workplace violations should be reported to the OSHA who may then choose to cite, fine or administer another form of penalty to the employer. A personal injury attorney’s services should also be sought if any legal ramifications from injuries results.
If a person has been injured due to a mishap or hazard on someone else’s property, a personal injury attorney from the J. Gonzalez Law Firm of McAllen can assist you with all aspects of your case. Call 956-630-6700 to get started today.