In our previous blog post we discussed accidents caused by dangerous conditions of a business or residential premise, specifically staircase injuries involving a slip or trip and fall. Whether an injury accident results from an encounter with a broken stair, tripping over a broken walkway, or slipping in a grocery aisle, a business or property owner may be liable if they did not take steps to protect the safety of visitors by regularly inspecting, cleaning and repairing the premises.
To establish an owner’s liability, it is important to look at the general inspection and cleaning procedures of the premises and request records of any pre-accident inspections of the area where the accident occurred. If no procedures are in place to check for problems such as disrepair or other dangerous conditions, it can be argued that the owner lacks reasonable safety precautions. If there are procedures in place, but no records exist to show that procedural inspections were carried out on a regular basis that is also a red flag. Even if an owner of a company or residence has documentation showing that there are procedures in place and that regular inspections were completed, if the owner did not act to repair or otherwise correct a potentially hazardous condition, they may still be responsible for damages if someone is injured.
Of course, sometimes an owner or claims adjuster will not willingly provide information regarding inspection procedures, cleaning or repairs – evidence that will help an injured party prove that the owner is liable. That is, until, they are subject to a lawsuit which legally obligates them to produce the information. Working with an attorney experienced in premise liability can help uncover the evidence needed to show that an owner was in fact negligent and therefore should pay damages to the injured party. Damages may include medical bills, lost wages in the wake of an injury or to seek medical treatment, pain and suffering, and more.
The Quad Cities personal injury lawyers of McDonald & Woodward, P.C., will vigorously fight for the rights of those injured through the negligence of others. If you have been seriously hurt at a business or residence, contact the Quad Cities premises liability Law Offices of McDonald, Woodward & Carlson PC for immediate assistance today at 563-355-6478.