Paul S. Rosenberg Personal Injury Law Blog on Lawyers.com

What is considered reasonable care of property?

Tuesday, July 14, 2009 by Paul S. Rosenberg

In determining a property owner's "reasonableness," the law determines if there were regular and thorough efforts to keep the property safe and clean.  The following questions may be asked to determine if a property or business owner is liable for the slip or trip and fall injuries:

  • If the trip or slip occurred due to a torn, broken, or bulging area of carpet, floor, or ground, or wet or loose area; had the dangerous spot been there long enough so that the owner should have known about it?
  • Does the property owner have a regular procedure for examining and cleaning or repairing the premises?  If so, what is it and what proof does the owner have of this regular maintenance?
  • If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
  • If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed, covered, or otherwise made safe?
  • Was there a safer place the object could have been located?   Could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
  • Could a simple barrier have been created or warning given to prevent people from slipping or tripping?
  • Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, there may be a good claim for compensation. 

Posted at 10:21 AM
Topic: Personal Injury
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