Property owners have a duty to ensure the safety of the public when visiting their property. This includes business owners, homeowners, landlords, retailers, property managers and commercial property owners (for example, those who own stores or malls). These entities must keep their properties reasonably safe for use by tenants and customers/patrons. If you are injured on another person's property a premises liability attorney at the Law Offices of Shane Smith can review the incident and advise you of your legal rights.
Property owners are responsible for maintaining their property's structural integrity in addition to maintaining safe common areas to prevent slip and fall accidents. Examples of structural defects causing slip and fall accidents include:
- Damaged stairways, floors walls and roofs;
- Landscaping damage including holes, sidewalk debris (stones, moss or mildew), protruding pipes;
- Unsafe shelving installation;
- Electrical or plumbing deficiencies;
- Unsafe construction areas.
In a Clayton County slip and fall lawsuit (premises liability suit), the injured party has an obligation to prove that the property owner's negligence was the proximate cause of the injuries sustained. Additionally, the victim must show that the owner knew or should have known about the dangerous condition and the owner neglected to remedy the problem by making repairs or appropriately issuing warnings to protect the public from the dangerous situation. The property owner will attempt to show that the injured party did not exercise the care that a reasonably prudent person would under similar circumstances.