Dangerous Property Injury Lawsuit: Do I Have a Case?
In the United States, there are nearly 140 million residential property units and more than 50 million commercial properties. Being the owner of a property comes with many responsibilities, including a duty of care to keep the premises safe. A dangerous building, property, or structure may cause unintended harm and/or injury to others; a property owner may be held legally liable if their property in any way harms or injures a visitor to the property.
Any piece of property, whether it’s a large skyscrape or a small barn, could be considered dangerous. Additionally, properties that are prone to (or openly aware of) hazardous waste spills may also be considered dangerous.
Individuals who’ve been injured as a result of a dangerous property structure often contact a dangerous structure attorney for legal advice. Read through the following sections to understand the basics of dangerous structure cases, then contact a leading dangerous structure lawyer with the legal acumen to assist you.
Common Dangerous Structures
While most structures and properties are not dangerous immediately after construction, wear and tear (lack of effective maintenance) can cause a property or structure to become dangerous over time. Whether a property is residential or commercial, the property owner is expected to perform enough maintenance so that, at the very least, it’s safe. The following residential structures are often cited in dangerous structure cases:
- Balconies, decks, and porches
- Staircases and elevators
- Handrails and other support beams
There are common dangerous structures in the commercial property world, as well, including:
- Stairwells
- Overhead lighting and shelves
- Product displays
- Poorly designed floors
- Faulty doors
In the commercial sphere, businesses are expected to provide safe conditions for employees as well as customers, and the Occupational Safety and Health Administration (OSHA) is responsible for ensuring safety at workplaces for all employees.
What Is the “Duty of Care” Property Owners Are Expected to Uphold?
Premises liability laws vary from state to state, but it’s generally accepted that property owners are solely responsible for ensuring that their properties are safe. The precise “duty of care” that property owners are expected to uphold is largely dependent on who will be visiting their properties. For example, someone who’s invited to a property, whether a home or business, is owed the highest duty of care, as this individual is being asked to put themselves in a potentially dangerous situation without any knowledge of existing risk. The law is especially protective of children, no matter their relationship with the property owner.
Proving Property Owner Negligence
In order to prove negligence in a dangerous structure case, a plaintiff must show:
- A dangerous condition existed on the property.
- The property owner was aware of the dangerous condition.
- The property owner failed to remedy or remove the dangerous condition.
- The injury sustained was due to the property owner’s failure to uphold their duty of care.
Contact Us for Dangerous Property Legal Assistance
Contact the Sandberg Law Firm if you need a dangerous structure attorney who will protect your rights and fight for just compensation on your behalf. Call (507) 282-3521.