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Rules for Proving Fault in Premises Liability Claim

Whether you are in someone's home, at the public park or in a grocery store, a realistic and justified expectation is that you should be able to get around safely without fear of injury. Unfortunately some property owners, whether commercial, residential or owned by the city, do not take proper care of their grounds to keep it safe for others. If the property is dangerous and an accident occurs because of it, this is considered a "premises liability" incident. Broken tiling on the floor, uneven walkways, poor maintenance, cluttered paths or poor design can all lead to a slip and fall or other injuries.

In order to determine who may be at fault when an accident occurs like this, there are two rules to consider. Otherwise without these rules, it could be a game of hearsay, with the property owner and the victim of injury battling it out over whose fault it really was. The rules are as follows:

  1. It is the responsibility of the owner to keep his/her property safe. This is essentially means that they have a legal obligation to keep their property free from dangerous conditions that could present an unreasonable risk for serious harm. It is ultimately up to the property owner to perform routine maintenance and not only be aware of safety hazards, but fix them.
  2. It is up to the visitor to use the property in a reasonable and normal manner. The person who has been injured must not have been acting in an unexpected fashion, using the property in a reckless or careless manner. They must have been using the property in the way it was intended to be used, not just any way they please.

While these two rules are merely guidelines, they can certainly help as you pull together evidence or witnesses to prove liability in your premise liability case. Contact Abrahams Law today for information on how having a reliable lawyer for your premise liability claim in Detroit could put you at a distinct advantage.