DEFECTIVE PROPERTY CONDITIONS

A premises liability case is a type of personal injury claim, which requires the plaintiff to demonstrate that the defendant’s lack of due care was the direct cause of his or her injuries. Many factors, including the specific sequence of events and the surrounding circumstances, inform the standard of care that applies in a certain situation. In a premises liability claim, it will be essential to determine whether the property owner maintained its property in a reasonably safe condition.

This standard can involve unique considerations. If a property is located in an area where debris is known to accumulate, for example, the party in control of the premises has a duty to ensure that walkways around the area are clear at all times and sufficiently safe. The property owner may need to post signs to warn visitors about an icy pathway or install handrails to provide the requisite amount of safety. Other types of defective property conditions include uneven floorboards or steps, broken floors, ceilings, or walls, and unsafe windows.

After establishing that the property owner failed to maintain his or her premises in a reasonably safe condition, the plaintiff must show that he or she was hurt as a direct result of this breach of the duty of care. This element of the claim requires proof that the accident likely would not have happened if not for the breach.

The plaintiff also must provide evidence supporting the amount and types of monetary damages that he or she is pursuing. In most cases, this will involve medical bills, medications, lost wages, and other economic costs and losses tied directly to the accident. There may also be non-economic forms of damages available, such as pain and suffering. It is important to avoid any delay in seeking legal action after an accident, since there is a strict statute of limitations that governs personal injury cases.