Business property owners are legally obligated to ensure their premises are reasonably free of hazards and warn visitors about any potential dangers. This duty of care applies regardless of whether the property is owned or rented—the expectation remains that visitors and customers will be reasonably safe while on the premises. When this duty is breached, and someone is injured, the injured person can file a premises liability claim.
If you were hurt on commercial property, you have the right to hold the property owner or management accountable. A business’s failure to reasonably maintain a safe environment constitutes negligence. Navigating the legal process alone can be challenging, but you do not have to do it alone. A Wilmington commercial property premises liability lawyer can provide the expertise needed to pursue justice and compensation for your injuries. Do not hesitate to reach out to Doroshow, Pasquale, Krawitz, & Bhaya to explore your legal options and ensure your rights are protected.
Common Causes of Premises Liability Cases
In commercial property premises liability cases, business owners can be held responsible for injuries sustained on their property. Commercial properties include a wide range of locations such as hospitals, restaurants, boutiques, office buildings, schools, spas, salons, gyms, retail stores, and hotels. Some common scenarios that give rise to premises liability claims include:
- Slip and Fall Accidents: These occur when someone falls due to hazardous conditions like unmarked wet floors, icy sidewalks, missing railings, uneven surfaces, or inadequate signage.
- Inadequate Security: Businesses such as retailers, offices, bars, clubs, and hotels have a responsibility to provide security to protect customers from risks like theft, assault, or sexual assault. When a business fails to provide adequate security and someone is harmed as a result, they may be deemed negligent.
- Swimming Pool Accidents: Poorly maintained swimming pools can present significant risks, increasing the likelihood of accidents.
- Inadequate Maintenance of Grounds: Unsafe conditions often result from delayed or neglected repairs. If these conditions cause injury to visitors, the property owner can be held liable.
- Poorly Maintained Walkways, Stairways, and Sidewalks: Unsafe conditions on walkways and stairs can lead to trips, falls, and serious injuries.
- Neglected Elevators and Escalators: Malfunctions or poor maintenance of elevators and escalators can result in injuries.
Business owners who fail to take preventive measures to ensure safety must be held accountable for injuries that occur as a result. Consulting with a Wilmington attorney can help you determine the best way to hold a commercial property owner liable for your damages and ensure you receive the compensation you deserve.
Establishing Fault in Your Liability Case
To win a premises liability lawsuit, the injured person filing suit (plaintiff) must demonstrate that the defendant’s negligence directly caused their injuries. Negligence occurs when a person’s actions fall below the standard of care expected from a reasonable individual.
To establish liability, the plaintiff must prove four key elements:
- Duty of Care: The property owner owed a legitimate duty of reasonable care to the plaintiff.
- Breach of Duty: The property owner violated that duty through their actions or failure to act.
- Causation: The property owner’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered legally recognized injuries as a result.
In commercial property premises liability cases, this means proving that the property owner had a duty to ensure the safety of legally permitted visitors and that their failure to meet this duty led to the plaintiff’s injuries. Successfully demonstrating these factors increases the likelihood of receiving higher damages in your Wilmington commercial property premises liability case. A skilled attorney can help prove these elements and advocate for the compensation you deserve.
Call a Wilmington Commercial Premises Liability Attorney Today
You and your loved ones should not have to suffer due to another person’s failure to maintain their business. Negligent companies will often fight to blame you for what happened. However, the law protects your rights and ensures you are able to recover financially from the injuries you sustained on someone else’s property. The details matter to experienced attorneys. Call our Wilmington commercial property premises liability lawyers for a consultation.