Friday, July 6, 2007

Dangers: Apparent and Hidden

Premise liability happens anytime at any place. It is a result of the negligent maintenance of the owner or manager of the property. Sometimes they could also be the result of engineering and building code violations. These violations are also known as hidden defects.

Apparent defects, on the other hand, are defects that can be readily seen by the naked eyes like the puddle of water left on the floor or the pocks or holes on the ground due to poor maintenance.

Regardless of whether the defects are hidden or apparent, property owners are liable to any person who gets injured as a result the dangerous property.

Property owners are required by the state and federal law to maintain safe premises at all times. A property injury that occurs resulting from negligent design, maintenance or operation can result in serious injuries requiring substantial funds for medical bills, lost wages and long-term care. These costs can be claimed from the property owner as penalty for negligence.

Ignorance of the dangerous condition is not a defense that a property owner can claim against a victim of a premise liability especially with regard to commercial establishments.

If you are in a restaurant on at a mall or even playing hoops at a paid gym, there is an unspoken obligation on the part of the owners of these establishments to keep you safe from the dangerous conditions that may occur on the property. If you slip and fall due to a puddle of water while in a restaurant, the restaurant owner is liable. If you have been injured by falling stocks of products while in a mall, you can claim damages from the store or mall owner.

Every person has the right to be secured in another person’s property whether it is commercial or private. The fact that you are only a guest or a by stander does not give anybody the right to bring you hurt due to negligence.