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Personal Injury

What property owners are legally required to do in order to keep visitors safe?

Mark Palmer 4 min read

There were many situations when personal injury situations arose, and those can be very stressful. That’s why, as a property owner, you do want to make sure that any visitors are safe and free from any issues. We made a list with all the requirements to take into account as you want to keep your visitors safe, so try to take that into consideration.

What is premises liability?

At its core, this is an area of personal injury law which holds the property owners responsible if there are unsafe property conditions that might cause injuries. That does happen at times, and claims like these can arise in the case of hotels, restaurants, retail stores, parking lots, construction sites or anything of that nature. The law will vary between states, but property owners have a duty to maintain safe premises for their visitors.

As a property owner, you will need to inspect the property, repair everything that feels dangerous, warn visitors about hazards and follow building/safety codes. Addressing any of the possible risks also matters, so that’s certainly something to keep in mind.

Who is responsible for property safety?

That will always vary based on the circumstances and situation at hand. Liability can involve a lot of different parties, ranging from property management companies to business tenants, commercial landlords, maintenance contractors, homeowners, government entities and so on. It’s important to determine who controlled the area when the injury took place, as that person/entity will be the one responsible for your safety.

Common hazards that property owners need to address

The hazards will vary based on the property itself. But there are some general hazards that you need to take into consideration, as you will notice below:

  • Wet or slipper floors are widely encountered in this type of situation, as those can lead to all kinds of personal injury situations.
  • The same thing is valid when it comes to uneven walkways. These need to be repaired, otherwise the risk of falls can be quite high, and it’s surely a problem to handle.
  • Poor lighting on the stairways, curbs, obstacles or changes in floor elevations can be a problem, too. Having adequate illumination is a major thing here, and addressing that can indeed make a massive difference, so try to take that into consideration.
  • If there are broken handrails and stairs, that will surely be a thing which leads to personal injury cases. So yes, handling and repairing those is a crucial part of the process.
  • It’s just as important to understand that falling merchandise can be a risk in the case of retail stores. Knowing how to showcase it and to keep everyone safe during this process is extremely important, as the last thing you want is any type of liability.
  • Even snow and ice during the winter can be problematic, as those leads to personal injury accidents like slip and fall. Follow the legal requirements of your state, to be on the safe side.
  • There are also swimming pools that can be considered as hazards. A good rule of thumb is to try and have self-closing gates, secure fencing, proper maintenance and of course, compliance with the local regulations.

Property inspections are important

These are helpful because you can figure out what might cause injuries and how you can avoid those injuries in the first place. Businesses need these inspection logs as the means to perform cleaning and maintenance activities. Even a regular property owner can request these inspections, just to make sure that everything is ok and that there are no problems.

Additionally, you have to think of the building code compliance, be it the stair dimension requirements, fire exits, emergency lighting, electrical safety, structural integrity, accessibility features and anything of that nature. Violating the building codes will be very important when it comes to determining how the property owner acted.

Also, even visitors will have certain duties. That’s why you want to know and understand your role, but also responsibilities when you are entering a property. Just because you are a stranger, that doesn’t mean you don’t have any type of liability or responsibilities to take into consideration. The owner can be kept liable for many things, but the same thing can be valid when it comes to visitors as well.

Conclusion

It’s always going to be a great idea to have a Portland personal injury attorney, as he can help you better understand when and how you have any liability, but also how to manage this entire process effectively. It’s definitely not an easy thing, and it has its fair share of challenges. However, what matters the most here is making sure that you are protecting anyone within your property and you know what your legal requirements are. And, naturally, having adequate legal protection is crucial, just in case any personal injury case arises.

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