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When a property owner is responsible for a dangerous condition

Many premises liability cases revolve around a dangerous condition that causes an accident. It could be something like a wet floor that leads to a slip-and-fall accident or a broken stairway railing that causes someone to fall down the stairs.

However, just because the condition existed does not always mean that the owner was responsible. There are three main things to consider. They will be responsible if:

  • They actually created that dangerous condition in the first place.
  • They knew that the condition was there but did not correct it, either through willful inaction or negligence.
  • They claim not to have known the condition existed, but it had been there for so long that they should have found out about it and made the necessary changes prior to the accident.

This last point is often the key to a case where two sides cannot agree. It's one thing for a store owner not to know about a wet floor caused by a leak that started five minutes before the fall, for example, but it's quite another for the owner to say they had no idea that there was a wet floor even when the leak had existed for days. Property owners may not know everything, but they do have a responsibility to keep an eye out for hazards and to take action within a reasonable timeframe to keep people safe.

Do you think that you suffered an injury because a property owner put you at risk? If so, then it may be time to look into all of the steps you can take to seek out financial compensation.

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  • Lead Counsel Rated LC
  • Paul Faith David Ledyard Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability

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