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What Happens when You Are Hurt on Someone Else's Property?
One of the most difficult areas of personal injury law is that of premises liability. Most people have the idea that if you are injured on another person’s property, they are automatically responsible for the damages the injury produces. Unfortunately, this is generally not the case. Owners of property are not insurers of the safety of those that enter upon their property.
Owner Liability May be Difficult to Prove
In order for a property owner to be responsible for the injury of another, he or she has to be aware of a dangerous condition that exists on the premises and fail to do something about it. This aspect of the case is called notice. Actual notice of the condition is not necessary. It is enough to be able to prove that under all of the circumstances, the owner should have known of the condition. Even then, notice can be very difficult to prove. A simple example is illustrated by a person who is shopping at a grocery store and slips and falls in a puddle of unknown liquid. Questions immediately arise as to what the substance is, where did it come from, how long it had been there, and so forth. The ultimate question becomes did the owner know it was there, and when did they know it. Without positive answers to these questions, an injured person will have difficulty in prevailing on an injury claim on another person’s property.
Bob Jacobson is a Boise Injury Attorney specializing in Slip & Fall Accident Cases. For a free consultation, contact Bob today.