Who Is Responsible for Accidents on Dangerous Property?
by
Heath Harte on Oct. 07, 2015
Accident & Injury Accident & Injury Personal Injury Accident & Injury Property Damage
Summary: This article explains aspects you must be aware when it comes to premises liability. You will learn about the two rules for how is responsible in a premises liability situation. You will also find out who is ultimately responsible on a commercial or residential property, the owner or the occupier.
As Fairfield County, Stamford and Westchester County personal injury attorneys, the Law
Offices of Heath D. Harte can help clients seek compensation for dangerous property accidents
including slipping or tripping and falling or having something hit or fall on you.
Accidents causing injury or damages because a defective or dangerous property was not
maintained are called “premises liability” accidents. But if a dangerous property condition causes
injury or damage, who is legally responsible? There are two basic rules for determining who is
responsible for a premises liability accident:
Rule One: The visitor must use the property normally.
If a person is injured while acting in an unexpected, unauthorized, or dangerously careless way,
the property owner or occupier is not liable.
Rule Two: The owner must keep the property safe.
The owner or occupier, in certain circumstances, has a legal duty to anyone who enters that
property not to subject the visitor to any unreasonable risk due to the design, construction or
condition of the property. The reason being that the owner or occupier has control over the safety
of the premises, the visitor does not.
Is the Owner or the Occupier Responsible?
The rules can be complex depending on what type of property is in question.
ï‚· Commercial Property:
If you are injured in a store, office, or other business, the legal liability is usually
determined by where the accident occurred and what the lease agreement or other
business contract says about such liability cases. Notify the business about your accident
and injuries and the business’s insurance company will decide to either handle the claim
or pass it on to the building owner’s insurance company.
ï‚· Private Residences:
If the property is rented then the landlord is responsible for everything outside and for the
immovable things inside the unit. The tenant is responsible for the movable things inside
an apartment. If the property is owned by the occupants, then they are responsible for
your injuries.
Premise liability involves many different factors when it comes to compensation, so having
experienced legal counsel on your side can make a substantial difference. Click here or call the
Law Offices of Heath D. Harte at (800) 928-9320 for a consultation with a knowledgeable
Westchester, NY and Stamford, CT injury attorney.
Offices of Heath D. Harte can help clients seek compensation for dangerous property accidents
including slipping or tripping and falling or having something hit or fall on you.
Accidents causing injury or damages because a defective or dangerous property was not
maintained are called “premises liability” accidents. But if a dangerous property condition causes
injury or damage, who is legally responsible? There are two basic rules for determining who is
responsible for a premises liability accident:
Rule One: The visitor must use the property normally.
If a person is injured while acting in an unexpected, unauthorized, or dangerously careless way,
the property owner or occupier is not liable.
Rule Two: The owner must keep the property safe.
The owner or occupier, in certain circumstances, has a legal duty to anyone who enters that
property not to subject the visitor to any unreasonable risk due to the design, construction or
condition of the property. The reason being that the owner or occupier has control over the safety
of the premises, the visitor does not.
Is the Owner or the Occupier Responsible?
The rules can be complex depending on what type of property is in question.
ï‚· Commercial Property:
If you are injured in a store, office, or other business, the legal liability is usually
determined by where the accident occurred and what the lease agreement or other
business contract says about such liability cases. Notify the business about your accident
and injuries and the business’s insurance company will decide to either handle the claim
or pass it on to the building owner’s insurance company.
ï‚· Private Residences:
If the property is rented then the landlord is responsible for everything outside and for the
immovable things inside the unit. The tenant is responsible for the movable things inside
an apartment. If the property is owned by the occupants, then they are responsible for
your injuries.
Premise liability involves many different factors when it comes to compensation, so having
experienced legal counsel on your side can make a substantial difference. Click here or call the
Law Offices of Heath D. Harte at (800) 928-9320 for a consultation with a knowledgeable
Westchester, NY and Stamford, CT injury attorney.
