By Derrek Cummings on September 24th, 2014
When you enter someone else’s property, the thought that you might get injured may not even cross your mind. And why should it? It is reasonable to expect that the property should be maintained well enough to be safe. Unfortunately, this is not always the case and you could be at risk of serious injuries, as we discussed in a previous article. But when this happens, how do you determine who is at fault?
Establishing liability can be particularly important if you want to claim compensation for your injuries. Property owners are expected to maintain a certain standard of safety. However, the status and condition of the injured party also comes into play. For example, a trespasser has no right to be on the property, so is unlikely to be able to make a claim.
Furthermore, if the victim suffered their injuries as the result of unsafe behavior, or while intoxicated, this too may invalidate their claim. On the other hand, if a guest falls on slippery ground, or an unsafe staircase, the owner may be deemed to be liable.
How is Liability Determined?
There are a number of factors involved in determining liability. These include, but are not limited to the following:
- The building’s purpose.
- The circumstances of the victim’s presence in or on the property.
- How foreseeable the injury was.
- Whether the owner made a reasonable effort to warn of or repair hazards on the property.
Of course, every case is different, so you may find the advice of an attorney useful. He or she can advise you on your options and may be able to help you pursue a fair settlement for your injuries.