Failure to Maintain Premises


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By law, the owner or operator of a property is deemed fully responsible for keeping the premises in a safe condition.  This includes a residential dwelling, a commercial building or government-owned property.  Any tenant, employee, customer, visitor, or guest of a property should be safe on the premises at all times.  If an owner or operator is found to have caused a hazardous condition, is aware of an existing problem, or should have known about a danger on their property, it is their responsibility to warn individuals on the premises until the hazard is rectified.

Accidents on private, public or government owned properties can result in failure to maintain.  Cracks in a stairway that cause unevenness, wet floors, ice or snow that prohibit a safe walking path, faulty furniture or equipment, and inadequate lighting are just several examples of premise-related incidents that result in injury.  Whether it is a slip and fall accident, harm resulting from property design flaws, or the lack of proper security that causes the injury, these types of scenarios that occur on another person’s property are very common.  In many cases, failure to maintain a reasonably safe property results in a premises liability lawsuit.

The rules of maintaining safe premises apply equally to all property owners.  If you have been injured on public, private or government property, you have a right to hold the negligent party responsible for your injuries.  Regardless of the type of property, if an owner or operator is aware of an on-site danger or hazardous condition, but did nothing to fix it or failed to warn people of the incident, that person should be held responsible.  The personal injury attorneys at Emroch & Kilduff have experience handling failure to maintain premises claims against individuals, private companies and city governments for injuries that were sustained on the premises.

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