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Who can be held liable for dangerous property conditions Who can be held liable for dangerous property conditions

According to the codes in the justice system, a “dangerous condition” is defined as “a condition of public property that creates a. substantial risk of injury to members of the general public when the property [or adjacent property] is used with reasonable care and in a. reasonably foreseeable manner.” In breaking this code down from CACI No. 1102, it could be classified as hazards that led to a slip and fall from any individual whether they live on the property or not. No one can anticipate getting injured on a property. “Premises liability” states that the property owner is responsible for any injuries caused through dangerous property conditions. If the property is rented, the landlord and the tenant can neglect to inform or fix the hazard.

The Responsibilities on Private Property

There should never be any dangers on one’s property for the family that lives on the premises or for the guests that may come and go. On private property, homeowner’s insurance covers the cost of injuries that may occur on the property. However, if there is no homeowner’s insurance, the property owner is responsible for the injuries’ medical cost. Sometimes the homeowner’s insurance will not cover everything if the injury is too severe. The homeowner is responsible for anything the insurance will not cover.

Many injuries can happen on private property, and the property owner does not have to be present or be home at the time. It is up to the property owner to keep their property as safe as possible. Even though someone falls on your property, you can still be reliable even though it was their fault. If there is trash on the ground, it needs to be picked up. If there is a hole in the ground, it needs to be filled with dirt or gravel. Any loose boards or steps need to be able to hold the weight of a person.

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Responsibilities on Rental Properties

The landlord is the property owner of all rental properties. They are responsible for the home and the property. However, there are responsibilities that the tenant needs to handle while they reside on the rental property. If they see something that needs tending to on the property, they cannot repair or fix anything unless some agreement has been made before signing the contract. It is the landlord’s sole responsibility to make sure everything is working, and everything on the property is safe. Anything that is not in working condition or is not safe should be reported immediately to the landlord to send out someone to fix the problem, or the landlord will fix it himself or herself.

If the tenant gets injured due to anything wrong on the property, the landlord has insurance to cover the cost of their injuries. In today’s society, the tenant also has the right to sue the landlord for any additional cost. The insurance companies may not always pay the full amount or the amount owed for “pain and suffering,” especially if the tenant has to miss work. Loss of wages would be calculated.

Others Who May Be Responsible

Public entities are another source who may be responsible for any injuries. A prime example maybe those who come to do construction on a municipal water line or sewer line. Sometimes the grounds may not be level after they work in the area. This type of neglect can fall on the city if it can be proven it was them and not the landowner’s fault. That would be the only way the landlord or homeowner would not be held accountable for the incident.

Ways, the plaintiff, can prove the public entity is responsible for the accident would be verifying the entity owned the property, show that the property was left in a dangerous condition, prove the negligence. They have to prove the defendant knew about the hazardous conditions for an extended period. In other words, the workers must have a certain amount of time to fix the hazards, and if they have signs showing they will come back to finish the job, it would be hard to prove. One or all of the factors have to be present to go after a public entity, but it does happen to where the one injured has the right to sue.

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Keeping Properties Safe and Informing

No one wants to see anyone get hurt on their property. Safety should not only be a priority at work, but it should be at the home front as well. Anyone can get sued and blamed for accidents happening on someone’s property. The blame can go as far back as the previous owner of a property if it can be proved they knew about an existing dangerous condition and did not tell the person who purchases the land and or home. It does not take the ball out of the court of the property owner’s responsibility, but more than one person can be held responsible in these types of situations. It all depends on the lawyers and how far they wish to pursue the case.

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