Most people think of premises liability cases as happening when someone slips and falls on a wet floor or over a broken step. Even though these are regular situations, the duty of the property owner goes far beyond the obvious risks.
This article talks about some less well-known cases of premises liability that happen when unexpected dangers happen on a property. A Premises liability attorney in Atlanta can speak to how important it is to know about all the possible dangers that can lead to a premises liability claim.
Faulty equipment and infrastructure.
Premises liability law says that property owners need to keep their properties in a reasonably safe state for guests. As part of this job, they must also make sure that the lifts, stairs, and other equipment on the land work properly.
Assume you get into an elevator, press the button, and then feel a sudden jolt followed by darkness. In this case, an elevator that does not work right could seriously hurt someone.
In the same way, people are seriously put at risk when elevators have missing or broken steps, brakes that do not work, or sudden changes in speed. If someone gets hurt because the property owner did not keep these systems in good shape, they could file a premises liability claim.
Another example is building systems that can do harm when they are not working right. Imagine that a heater that is not being taken care of properly leaks carbon monoxide into an apartment building.
This gas has no smell or color and can be very bad for your health. It can make you sick, make you dizzy, or even kill you. People who live in a building with a broken heating system may be able to sue the owner of the building for premises responsibility if they get carbon monoxide poisoning.
Inadequate security and animal attacks.
Security steps are also part of the responsibility of the premises. Depending on the type of building, property owners may have a duty to make sure guests are safe. This could include having security guards, good lighting, and entryways that are well taken care of.
For example, a parking spot that is not well-lit at night could be a place where crime starts. If a guest is harmed in this kind of parking lot because it is not properly secured, they might be able to sue the property owner.
In the same way, some places, like apartment buildings or animal shelters, may have animals on the premises. The people who own these sites should make fair efforts to keep guests safe from animals that might attack. This could mean having the right shelters, training for people who work with animals, and clear signs that warn of possible dangers.
Understanding the “open and obvious” doctrine.
There is a rule called “open and obvious” that can be hard to follow in cases of premises responsibility. This rule of law says that property owners usually are not responsible for accidents caused by risks that are obvious and easy for a reasonable person to avoid. However, this theory does not mean that the owner is automatically not responsible.
Let us say a food store has a wet floor but does not put up a sign saying so. Even if you can see the wet floor, not putting up a sign could still be seen as careless, especially if the spill is new or not well-lit.
There is more to premises responsibility than meets the eye. The people who own property are responsible for keeping it in a fairly safe state.
This includes making sure that all the equipment works right, making sure there is enough protection, and taking acceptable steps to keep tourists safe from animal attacks. If a property owner does not tell people about a danger or take the right safety measures, they could still be held responsible.
A premises liability lawyer can help you understand your legal rights and get paid for your losses if you were hurt on someone else’s land because of a dangerous situation.
