Property owners, such as the owners of hotels, restaurants and shops — could be liable if they neglect to maintain safe premises and their negligence results in an injury to those who visit their properties.
That being said, many people who suffer serious injuries on a property are completely unaware of their legal rights and options after they get hurt — and they never seek the financial compensation they deserve. As such, we want to answer a couple important questions that premises liability plaintiffs commonly have:
If someone is attacked and hurt on another person’s property, can the victim pursue a claim for damages?
The circumstances surrounding a violent attack will dictate the viability of a potential premises liability claim.
Was the attack the result of the victim’s provocation? If yes, and the court finds that the victim was largely at fault for the attack, then perhaps no claim can be made. However, if the property was in a dangerous section of town — or if it was a nightclub or bar where attacks can take place due to inebriated patrons — the owner of the premises might be liable for injuries after a criminal attack.
Who is liable when someone falls on a cracked piece of sidewalk?
When someone falls on a broken piece of sidewalk, it might not be the city that is liable for the injuries that result.
In some cases, cities have in place special laws that prohibit liability claims being made against them in these circumstances. In other cases, no such laws exist to protect the city, so it’s important to determine the nature of the laws that apply to each individual case.
If you have questions or doubts about a potential premises liability claim, an attorney can help you better understand the law and your choices.