Dangerous Premises FAQS
> I went to a party at a neighbor’s home and fell down the
basement steps. Is the neighbor responsible because I fell at
his house?
> Last winter I went shopping at a neighborhood department
store. As I was entering the store, I slipped on some ice and
broke my wrist. I was hospitalized and required surgery. Now I
have permanent restrictions in the use of my hand. Can I sue the
store?
> I fell inside a store and broke my ankle while looking at
a merchandise display. I slipped on a hanger that I didn’t see
because I was not watching the floor. The insurance company for
the store says that I can’t recover because the injury was my
fault. Do I have a claim?
> I suffered a serious head injury in a motor vehicle
accident. The traffic signal that governed my lane of travel had
been turned from its normal position, and I couldn’t see that
I had a red light. I proceeded through the intersection and
collided with a truck. Is the city responsible for the condition
of its traffic signal?
I went to a party at a neighbor’s home and fell down the
basement steps. Is the neighbor responsible because I fell at
his house?
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No. Before a recovery for negligent maintenance or repair of
premises can be achieved, the law requires proof that the
property owner knew or could have known of a hazardous condition
which, if remedied or warned of, would have prevented the
injury. A failure to use reasonable care to inspect, maintain or
repair defective premises is required to win your case. Just
because you were injured on someone’s property does not mean
you have a claim against him.
Last winter I went shopping at a neighborhood department
store. As I was entering the store, I slipped on some ice and
broke my wrist. I was hospitalized and required surgery. Now I
have permanent restrictions in the use of my hand. Can I sue the
store?
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It depends. Retail stores are responsible for the prevention
of injuries occurring inside and outside their premises which
can be avoided by proper inspection, maintenance, repair or
warnings. If a dangerous condition, such as an ice buildup
occurs simply due to weather (a natural accumulation), customers
should be on notice of hazardous conditions and exercise care
for their own safety. The store is not liable merely because of
snow or ice falling.
On the other hand, if a dangerous condition results from an
unnatural or artificial accumulation of ice, the retail store
could be held liable. For example, if an awning or gutter has a
defect or crack which causes a run-off onto the sidewalk below,
and this results in an artificial accumulation of ice, this
would not be a condition caused by natural weather. In such a
case, the retail merchant is responsible for correcting this
hazardous condition. If the evidence shows that the merchant
knew or should have known of this condition, but failed to take
reasonable steps to remedy it, you have a right to recover
damages for your injuries.
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I fell inside a store and broke my ankle while looking at
a merchandise display. I slipped on a hanger that I didn’t see
because I was not watching the floor. The insurance company for
the store says that I can’t recover because the injury was my
fault. Do I have a claim?
Probably. Most states have laws and statutes which apply the
principle of comparative fault. This means just what it says.
Your fault in failing to keep a careful lookout is weighed
against the store’s fault for failure to maintain its floors
in a safe and clean condition. A jury will decide the percentage
of fault that each party contributed to cause the fall. Although
you are allowed to recover damages for your medical expenses,
loss of income and any permanent or residual condition, your
recovery will be reduced by the percentage of fault that is
attributed to you. If you or a family member has been told that
he or she is not entitled to recover because the injury was
caused by the victim’s own fault,
consult with an attorney at
The Glassman Law Firm, P.C. who is knowledgeable and experienced
in handling dangerous premises cases involving comparative fault
issues.
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I suffered a serious head injury in a motor vehicle
accident. The traffic signal that governed my lane of travel had
been turned from its normal position, and I couldn’t see that
I had a red light. I proceeded through the intersection and
collided with a truck. Is the city responsible for the condition
of its traffic signal?
This claim depends upon the results of a careful
investigation of city and state records of the intersection and
its signals. If not properly maintained and repaired, a city can
be responsible for an injury caused by the failure to timely
inspect and/or repair a worn or defective electric traffic
signal standard that results in an accident. In most states,
cities are liable for the defective conditions of their property
and the operation of its motor vehicles. An experienced premises
liability attorney at The Glassman Law Firm, P.C. will provide
you with a free consultation and evaluate both the city’s
responsibility and your neurological injury.
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Please see our page on Dangerous
Premises for more information.
Please see our Dangerous
Premises Resources / Links.
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Frequently Asked Questions
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