Examples of Poor Maintenance in Premises Liability Accidents
Written by AskTheLawyers.com™ on behalf of Pius Joseph with Law Offices of Pius Joseph.
Written by AskTheLawyers.com™ on behalf of Pius Joseph, a Personal Injury attorney based in California.
Premises liability claims arise when one or more parties suffers an injury due to dangerous conditions on someone else’s property. In many cases, dangerous conditions can be avoided by proper attention to maintenance on behalf of the property owner or manager. Property owners are required to ensure basically safe conditions to guests, residents, and visitors passing through by taking reasonably expected precautions.
Posting warning signs and installing fences around areas of a property that may not be safe for all parties are good ways for property owners to mitigate liability, but basic upkeep and maintenance are just as important. If you or a loved one were injured due to dangerous conditions on someone else’s property, reach out to a premises liability attorney to discuss your options for physical and financial recovery.
Property owners owe a duty of care to most people who live or pass through their premises.
It is important to note that property owners and managers owe a duty of care or legal responsibility to the basic safety needs of the people residing on or traversing their property. This legal obligation applies to private residences as well as commercial locations; a breach of duty of care, in this case, may result in serious injuries, not to mention open the property owner up to costly and stressful litigation.
Maintenance oversights that may lead to premises liability accidents include but are not limited to the following:
- Broken or missing railings and/or barriers
- Missing or faded signs
- Broken stairs or steps
- Broken fences
- Sharp or broken counters
- Cracked pavement
- Icy walkways
- Broken kennels and frayed leashes
- Exposed wires
One of the best ways a property owner can mitigate risk and protect people on their property is timely maintenance.
Arguably one of the biggest risks for property owners and visitors alike are maintenance requests or repairs that go unfixed or unnoticed. When a potentially hazardous condition is brought to the property owner’s attention, it is important to repair the problem as soon as possible. Delaying a repair creates a greater window of time in which one or more people could be injured. A property owner or manager who has been notified of a condition in need of repair yet fails to do so may be considered particularly liable in the event of an injury.
Repairs need to be timely and adequate.
Not only do maintenance repairs need to happen quickly, they need to be done well. Slapping a temporary bandage on a bigger maintenance issue will do little to mitigate the property owner’s liability in the event of a future injury. This might mean hiring a professional to make the repair rather than doing it yourself, and double-checking the repair to make sure it is sufficient and lasting. Additionally, while the repair is being made it’s a good idea to install temporary safety measures such as signs or barriers to keep people away from the element in repair.
If you or a loved one were injured on a dangerous property, or for help making sure your premises is as safe as possible, reach out to a premises liability attorney sooner rather than later.