Becoming a property owner is a goal for many people. Whether they want to rent properties out to others or own their own homes, they need to be ready for the cost and responsibilities associated with property ownership.
Not only do property owners need to pay for a mortgage, cover taxes and acquire insurance, but they also have certain obligations to the public. Property owners who fail to fulfill those duties may be liable when people get hurt while visiting their properties.
What are the duties of property owners?
In general, property owners have to maintain their properties in a manner that conforms to building code and reasonable expectations of safety. For example, those with multistory buildings need to ensure that stairwells are safe for anyone moving from one story to the next.
Installing handrails, maintaining lighting and keeping the floor in safe condition are all crucial to the safe use of stairs. Property owners need to address issues such as leaking ceilings or ice accumulation on the sidewalk in a timely manner so that those issues don’t become safety hazards for visitors or passersby.
In scenarios where property owners cannot immediately address safety hazards, they generally have an obligation to take steps to exclude people from unsafe spaces and to post signs warning about property conditions.
When do property owners become liable?
Premises liability exists whenever property owners fail to maintain their holdings appropriately. Allowing the wood on a deck to become degraded could lead to premises liability if that deck collapses and injures people in the future. Putting off snow and ice removal for several days after a major storm could lead to premises liability if someone slips and falls on an icy section of sidewalk.
Anytime a reasonable person recognizes the situation as potentially hazardous, the property owner could theoretically be liable for the injuries that result from their failure to maintain the property. Frequently, insurance can help cover the losses of those hurt due to dangerous property conditions. Lawsuits may sometimes be necessary to obtain a reasonable settlement from an insurance company or to hold the property owner responsible for failing to insure the property.
Discussing a slip-and-fall or similar incident with a skilled legal team can help those injured while at a business or on private property explore their options for compensation. Property owners who fail to maintain safe premises may be liable for the injuries and property damage losses their oversights cause for others.