An injury may be caused by the negligence of an owner, landlord, tenant or property manager.
Property owners, tenants,and management companies are responsible to keep their properties in a reasonably safe condition. This includes municipalities, but there is a special condition for filing a Notice of Claim when a municipality is involved.
When a person is injured by a slip-and-fall due to negligently removed ice and snow, a trip-and-fall due to a cracked sidewalk or pot-holed parking lot, or any other cause that is associated with a premises of any kind, the injured person has the right to seek compensation for their damages from any and all of the people responsible for keeping that premises in a reasonably safe condition.
In order to prove a negligence case based upon a fall at a premises, the injured person must be able to show first that a dangerous and/or defective condition caused the fall, and then that the owner and/or others responsible for the premises knew of the defect and yet failed to timely and properly remedy it.
What Qualifies as a”Dangerous and Defective Condition?”
Property owners, tenants, managing companies, and maintenance companies are responsible for keeping their property in a reasonably safe condition. The failure to do so may give rise to a dangerous and/or defective condition. Liability in a negligence action based on such a condition depends on whether the condition was neither too small to be considered de minimis but also not too large to be considered open and obvious.
Liability also depends on causation: whether the existence of the condition was a cause of the incident. Although a person may have fallen while walking across a badly cracked sidewalk, for example, if the fall was caused when they tripped over their shoelaces, then the sidewalk, no matter how badly cracked, was not the cause of the fall and there is no case against those responsible for maintaining that sidewalk. The injury must be caused by the defective condition.
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