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Law Offices of John Morelli
A Personal Injury Firm Serving All Of South Jersey

Capable Handling Of Premises Liability Claims

When someone is injured on the property of another, the property owner may be exposed to liability for failing to maintain the property or warn others of dangerous conditions on the property. This is particularly true when a property owner invites guests to the property for business gain, as in the case of a retail store.

The Responsibility Of All Property Owners

When patrons of a business visit the business to shop, that business may be liable for unreasonably dangerous conditions posed by the property. Slip-and-fall cases illustrate this point. If a piece of sidewalk is broken, but not noticeable to the average person, it could pose a serious risk of injury.

Hotels and motels also may be liable to invited guests for injuries that occur on the premises as a result of poor maintenance or negligence. Water damage can cause ceilings to cave in or walls to collapse. Faulty fire alarms and fire extinguishers are also potential areas of exposure for hotels and motels.

Stairways and staircases frequently form the basis of litigation. Lack of handrails or uniformity in design or building of the risers is a potential basis of liability.

Failure To Maintain A Property

Usually, one of the most important factors to consider in bringing premises liability cases is the knowledge of the property owner regarding the condition. If it can be proven that the property owner knew about a dangerous condition and failed to fix it, liability can usually be imposed.

Another factor to consider is the potential recovery from an insurance company. If a negligent property owner knows of a defective condition that causes injury to another, but has not insured himself or herself against that risk, then a case may not be worth pursuing if the property owner does not have substantial assets. Many businesses have broad policies that cover their potential risks in many areas.

How An Attorney Can Help

Premises cases sometimes require the testimony of experts to prove. Expert testimony can be costly so a victim's damages must make the case worth pursuing economically. Experience handling these cases is also a must. Your attorney should have experience with the insurance agreements that cover these risks as well as experience handling these types of cases.

In deciding whether to bring a case for premises liability, make sure that the defective condition of the property was known by the landowner or was so obvious that it should have been known. This is the biggest hurdle to overcome in evaluating these cases.

Contact us for a consultation by calling 856-528-3205. The Law Offices of John Morelli in Cherry Hill, New Jersey, provides free initial consultations with a lawyer.

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