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Do You Have Grounds For A Premises Liability Claim?

A restaurant strives to act as a good host towards its customers. Actually, any store that wants to attract customers must be a good host. If any customer were to become injured while in a specific store, he or she might consider filing a premises liability claim.

The law makes clear the nature of the owner’s responsibility, if that same owner hopes to avoid a premises liability claim. The owner or controller of the property gets held responsible for any injury to someone that has been welcomed into the owned or controlled property.

Failed maintenance frequently causes a condition that results in the injuring of a customer.

• Broken sidewalks demonstrate poor maintenance by a municipality.
• Loose rugs, torn carpeting or a protrusion in a carpet could all be caused by poor maintenance of a room’s decorations.
• A smart restaurant or store owner takes steps to ensure the rapid removal of a pile of debris or of wet spot on the floor.
• Loose floor boards or tiles could endanger customers.
• Stairways should be well-maintained, so that no railings get broken.
• Customers expect proper lighting at the entrance to a store/restaurant, and also in any parking facility that has been made available to those that visit that same retail establishment.

Facts to check out before filing a premises liability claim:

Did the owner know about the unsafe condition? If the owner had been alerted to that condition, but had failed to correct it, then the injury lawyer in Waterloo for the injured party can move forward with filing the claim.

Had the owner taken steps to correct the problem? If the owner had initiated an effort to fix the unsafe area, then the injured party must accept that fact that the owner’s lawyer could present a strong defense. In other words, the injured party might not win the anticipated award, by moving forward with a claim.

An exception to the rule about premises liability claims:

Someone that has trespassed on another person’s property does not have the legal right to make such a claim. A trespasser has not been welcomed onto the property that has been deemed unsafe and harmful.

Furthermore, someone that has entered a property for the purpose of committing a crime cannot file a claim for any personal injury that resulted from such a move. Again, that injured criminal was not welcomed into the area with the unsafe conditions.

The obligation of a guest:

A guest that is entering a home or business for the first time should remain observant. He or she should make an effort to stay alert to any feature that might prove harmful, if not taken into account. A guest should not have beady eyes.

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