You probably go grocery shopping, visit restaurants, and stop by the local hardware store without thinking about how safe those places are. You assume if the grocer has a plumbing leak, the area will be cordoned off to warn you so you do not slip and fall. You assume the restauranteur has employed security measures to keep late-night customers from being mugged. But you may be wrong and could also be harmed because you were not warned.
Does a commercial property owner owe you any duty to let you know about dangerous conditions or fix them when they become known? Yes. And failing to do so can amount to negligence and civil claims for compensation for any injuries you sustain. If you are out and about in Newcastle County and you are injured, a commercial property premises liability lawyer from Doroshow, Pasquale, Krawitz, & Bhaya can give you the guidance you need to get through.
What Duty Does a Commercial Property Owner Owe to Visitors?
Visitors are divided into three groups: trespassers, licensees and business invitees. Adult trespassers are owed no duty by owners who must only refrain from harming them, whereas child trespassers are protected under the attractive nuisance doctrine. This law states that owners are expected to foresee that children are likely to be drawn to some situations, for example, sneaking into an area with a pool or trampoline, without understanding how dangerous it is. Owners must reasonably restrict their access, or they could be liable for injuries children sustain.
Invited visitors can be guests in a commercial setting to conduct business that benefits the property owner, such as an electrician or repair person, and are called licensees.
Owners owe the highest duty to business invitees and the owners are expected to warn such visitors of dangers, (such as a customer in a store), repair known dangers, and inspect the property for hazards that are not apparent. An Elsmere premises liability attorney can determine how an owner’s negligence can lead to compensation for injuries incurred on commercial property.
Premises Liability Mishaps
Negligence is the basis for premises liability claims. Plaintiffs must prove a property owner, manager, or landlord failed to warn or repair hazards on the property according to the level of duty the defendant has. This nuance is important because the owner who fails to install adequate security measures surrounding a bar in a seedy area is much more likely to lose a personal injury lawsuit than a homeowner whose friend is robbed leaving that home. Common commercial property premises liability situations include:
- Slip and falls in grocery stores or restaurants due to uncleaned spills
- Taking a tumble down an apartment building’s stairs because the stairwells are unlit
- Failing to install a security system or guards around a nightclub parking lot where numerous recent robberies have occurred
- Elevator and escalator accidents
Regardless of the specific scenario, our commercial property premises liability lawyers in Elsmere can review the details of an event to determine what caused it and who should be held responsible for the resulting damages.
An Elsmere Commercial Property Premises Liability Attorney Seeks Justice
Most commercial property owners understand that a thriving business entails keeping customers happy and safe. Unfortunately, those who are careless, distracted, or all about profits over people often allow dangers to fester until a customer is injured.
That is where we can help. When you visit a commercial establishment, you are entitled to leave the same way you entered—uninjured. The business owner has the highest duty to ensure your safety, including seeking out unknown dangers. When this duty is not upheld, you may be entitled to compensation if you are hurt. An Elsmere commercial property premises liability lawyer will assess your case, discuss its merits with you, and fight to get you the money you need for medical bills, lost wages, and the emotional turmoil you have endured. Reach out today to get started.