Accidents that are caused by
defective or dangerous property, either inside or outside a building, are
called "premises liability" accidents.
There are two basic
rules to determine who is responsible for a premises accident.
Rule One: The Owner Must Keep the Property Safe
The owner or
occupier of property has a legal duty to anyone who enters the property - as a
tenant, a shopper, or a personal or business visitor - not to subject that
person to an unreasonable risk of injury because of the design, construction,
or condition of the property. The reason for this rule is simple. The owner has
control over the safety of the premises and the visitor does not.
Rule Two: The Visitor Must Use the Property Normally
The second rule of
premises liability applies to the conduct of the injured person. If a person
gets injured while acting in an unexpected, unauthorized, or dangerously
careless way, the property owner or occupier is not responsible. For example,
if a guest swings down the stairs on the handrail, the handrail breaks, and the
guest is injured, the owner will not be held responsible.
Injured Employees of company
These rules extend
to employees who are injured on their employer’s property. however,
employees must file a worker's compensation claim rather than a private injury
claim. On the other hand, employees who are injured on premises other than
those belonging to the employer can file a claim against the property owner.
Commercial Property
If any person is
injured at a store, office, or other business, whether the owner or occupier is
legally responsible for accident is usually determined by where the accident
occurred and what the lease or other business contract says about such
liability.
Private Residences
The rules of legal
responsibility for accidents occurring on private residences are fairly simple,
and depend on the type of residence.
Rented apartment
If a guest or tenant
who is injured in an accident on rental property, the party responsible who is
responsible for maintaining the area or condition that caused accident is responsible.
Private home
If an accident
caused by a dangerous or defective condition at a private home, the owner of
the home is responsible. If the entire home is rented out, the tenant might
also be responsible.
Accidents on Adjoining Properties
In an accident that
occurs at the edge of two properties - for example, at a fence on a neighbour’s
property line, or on a cracked sidewalk - it may not be immediately clear whose
property caused the accident. In these situations, file an initial notice of
claim against owners of both properties and let them sort out which one will
respond to claim.
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