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Madison premises liability: Holding property owners accountable

On Behalf of | Mar 1, 2024 | Personal Injury |

Visiting a store or the apartment of a friend should not put someone at an unreasonable risk of injury. However, unsafe properties are a major safety concern for residents of Madison, Indiana. Businesses trying to maximize profits while minimizing operational expenses may defer crucial repairs or may not have enough workers scheduled on any given day. Landlords often delay making key property repairs and may not regularly inspect their properties for signs of dangerous conditions.

Premises liability rules allow those injured on someone else’s hazardous property to request compensation for the economic impact of their injuries. When is it possible to hold a business or property owner responsible for dangerous conditions that lead to someone getting hurt?

When negligence led to an injury

There are occasionally situations in which someone who gets hurt on another person’s property was clearly to blame for their own injury. An attempt to perform parkour moves on the dumpsters behind a business, for example, is an unsafe choice that comes with a degree of injury risk. Someone who is attempting to access or use the property in an appropriate manner should not have to worry about sudden injuries. A business tenant, property owner or landlord could be legally and financially responsible for the aftermath of a slip-and-fall incident when negligence caused someone’s injuries.

Establishing negligence can sometimes be a bit of a challenge. The courts view conduct as negligence when a reasonable person would agree that it significantly increased the likelihood of injury or harmful incident. Engaging in behavior that other people recognize as unsafe or reckless could be negligence. Failing to do what is necessary for safety can also constitute negligence for the purposes of a premises liability lawsuit.

The failure to properly clean a facility or maintain a roof so that it doesn’t leak during rainy weather could constitute negligence. Poor scheduling practices and delayed maintenance to equipment could also constitute negligence. So long as someone has evidence of unsafe circumstances that support their claims of negligence, a visitor hurt at a business or rental property may have grounds for a premises liability claim.

A successful premises liability lawsuit brought against a business or property owner could pay for someone’s medical expenses, lost wages and property damage expenses triggered by the incident. As such, holding property owners accountable can benefit those hurt due to negligence and motivate more property owners to be proactive about maintaining their holdings.