• Sep
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What is Considered a Defective Property Condition?

    If you’ve been harmed while on another person or entity’s property and you believe your injury was a result of negligence, you may be entitled to file a lawsuit for premises liability. Premises liability lawsuits are based on the notion that a defective property condition existed and that the property owner was aware or should have been aware of the issue and corrected it or protected you from it.

    There are numerous types of potential defective property conditions. It could be a broken handrail on a set of stairs or a loose balcony railing. It can be an uneven pavement or poor lighting. People who have pools or other “attractive nuisances” on their property which could be inviting to children and who don’t provide adequate fencing are often cited for defective property conditions, and in some cases a wet floor or icy sidewalk can be considered a defective property condition if the owner has let it go for an extended period of time.

    Defective property conditions can lead to significant injuries ranging from slip and falls that end with head trauma or broken bones to accidental drownings and even being victims of violence. If your injury was a result of an owner or property manager failing to properly repair or maintain their property, you may have a right to seek compensation for the damages that you’ve suffered. In order to be successful, you need to be able to prove not only that the property’s defective condition lead to your injuries, but also that the owner or manager owed you a duty of care and that they breached that duty by failing to exercise reasonable care in its maintenance, inspection, repair, and failure to warn or protect you.

    There are a lot of variables involved in pursuing a premises liability lawsuit, and an experienced attorney can help to guide you through these elements. In addition to establishing that negligence occurred, you also need to determine who the responsible party is. It could be a property owner, but it could also be a person who is leasing the property from them. You will also need to establish that you did not contribute to your own injury through carelessness. If the property owner can prove that your actions were unreasonable, the amount of compensation that you receive may be reduced in proportion to the amount of your comparative negligence.

    For information about pursuing a defective property condition lawsuit, contact us today to set up an appointment to discuss your case.


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