When you are on another person’s property, it’s not uncommon to expect a standard of care, so long as you are an invited guest or it is public property. However, when a hazard causes injury, you may not know how to proceed. Unfortunately, you may find that the property owner is claiming they were unaware of the hazard, therefore erasing their liability. Luckily, there are steps you can take to help prove the owner was aware of and responsible for the risk. The following blog explores the most common hazards on commercial and residential properties, along with the steps you can take to help receive the justice you deserve with the help of a Pike County, KY premises liability lawyer.
What Common Hazards are on Properties?
There are many hazards that can impact those on different properties.
For example, hazards in retail and other non-residential locations include wet spots on floors, uncleared hazards on the ground, snow and ice left on the ground on outdoor property, uncleared construction equipment, and any other condition on the property that can cause injury to an unsuspecting consumer.
For homeowners, some hazards, like uncleared snow and ice overlap. However, homeowners can also be liable for attractive nuisances, broken stairways, damaged fences, and tree roots impacting walkways, among other hazards.
What Can I Do to Prove a Property Owner Was Aware of the Hazard?
It’s important to note that in many instances, a property owner must have reasonable time to be aware of and remedy the hazard. For example, if a sinkhole appears on the road, and five minutes later, you are injured because of it, the government entity responsible for the road would not be liable as five minutes is not a reasonable time for them to be aware of the issue. However, if six hours go past with no attempt to block drivers from the hazard or remedy the problem, they would be liable, assuming they were aware of the risk.
In order to prove someone would need to be aware of a hazard on their property, you can rely on security footage or photos from before the accident. This can establish that the hazard was present and the property owner did or should have been aware of its existence. You may also utilize witness testimony from others who were on the property and saw the hazard. You may be able to find someone who filed a report with the property owner prior to your accident.
One of the most essential steps you must take when holding a party liable for the injuries you’ve sustained is enlisting the help of an attorney. Unfortunately, you may find that pursuing premises liability claims can be incredibly complex, so ensuring you have an experienced lawyer on your side is detrimental. Shane Hall Attorney at Law is a Kentucky-based firm ready to help fight for the compensation you deserve. Our dedicated team will work to help you receive justice when a negligent party has caused you to suffer. Contact us today to learn how we can assist you.