When you think of premises liability, it's probably the one thing that every property owner must uphold whenever guests visit their premises. Whether it's a grocery store or office building, each property owner is obligated by law to protect visitors and employees from various forms of hazards that can lead to slip-and-fall accidents. When you walk into a retail store, it's a general opinion that every precaution has been taken to protect you from danger. This translates that such proprietors have gone above and beyond to warn guests of potential hazards, or better yet provide them with protective equipment.
If visitors sustain injuries culminating from a wet floor or icy sidewalks, the buck finally stops with the proprietor which ultimately subjects them to prosecution before a court. Premises Liability is mainly implemented with the aid of procedures and laws defining the exact sequence of events. In exceptional cases, a victim might be held responsible for injuries sustained especially after failing to heed warnings in advance. For instance, an employee that fails to wear protective equipment should be held accountable when the designated hazard strikes. Also, visitors or workers incapacitated either due to alcohol have no legal claim after falling victim to a specified risk.
While most States primarily focus on the victim, others tend to adopt an unbiased approach by also considering the landlord or property owner's role in such a predicament. More importantly, the condition of the building must be evaluated before any verdict can be issued. This means keeping a watchful eye on inadequate lighting, a poorly maintained staircase and inadequate security. Such factors can significantly cause catastrophic injuries if not rectified immediately.
Before any sound decision can be made, a number of factors must be evaluated and deemed in line with the standards of reasonableness previously implemented in similar cases before a case can move forward. These factors may include:
• The proprietor's effort to repairing a dangerous environment or warn visitors in advance.
• Intended use of the property.
• Circumstances under which a guest entered the property.
• The possibility of the injury will occur.
While most people fail to take it seriously, premises liability can abruptly alter your life in unimaginable ways.
Are you in need of compensation from a premises liability lawsuit? Don't hesitate to contact a seasoned lawyer in New Mexico for legal guidance.