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Who is Responsible in a Premises Liability Case?

Who is Responsible in a Premises Liability Case?

Posted By The Dunnion Law Firm || 31-May-2013

Premises liability cases often possess a lot of debate. There can be questions about who is responsible and if compensation needs to be paid. One of the main things that needs to be determined before moving forward is if the injured person was responsible or if the owner is responsible. As an owner of the property, there is an obligation to make sure that the area is reasonably safe. What is reasonably safe? This will need to be looked at in each case but generally it is what a reasonable and prudent person would do if they were in the same position.

An owner will need to look out for potential dangers, take action against any hazards and continue maintenance. This may be making sure that there are no obstructions in the walkways, that the area is adequately lit, that a structure is sound and that overhead items will not fall, along with putting out warning signs for dangers such as a wet floor. Not all cases are the fault of a property owner and it should be looked into if the injured person was acting responsibly as well. This can include if they were paying attention to where they were going and not acting recklessly.

Establishing who is at fault is key to move forward with a case for compensation. A case may be in regards to private and public property. It may be a house where the injury takes place, or in a public area, such as a store. It will also need to be taken into account if the injured party had a right to be on the property, though trespassers may still be granted some protection. Call a San Jose injury attorney from our office for free advice from a firm that has recovered more than $250,000,000.

Categories: Premises Liability