Land owners, business owners, homeowners, and landlords are expected to keep their property free of physical hazards that endanger people who are allowed access because they were invited for business, commercial, or social purposes. This also includes many areas through which the public passes such as public sidewalks. In addition, land owners can be held liable for injury suffered on their property by anyone, including trespassers. Reasonable efforts should be made to correct dangerous conditions or warn others of the danger with a sign.
Premises liability examples that can lead to a wrongful death include:
- Missing manhole covers on streets or sidewalks.
- Sidewalk black ice.
- Apartments with faulty furnaces that emit carbon monoxide and lack carbon monoxide alarms.
- Poor lighting on stairways.
- Defective garage door openers and defective safety mechanisms.
- Balconies with a damaged, weakened, or otherwise defective structure.
- Swimming pools without a gated fence.
- Construction sites that don’t barricade or cover dangerous pits, or expose the public to dangerous equipment.
- Dilapidated structures or buildings.
- Poor lighting in public garages and parking lots.
- Dangerous and unrestrained guard dogs.
- Slippery floors in a public business space.
- Badly maintained sidewalks.
- Stairs with missing steps or loose carpeting.
- Missing or defective railing on stairs.
- Missing or poor security.
A death caused by a hazard on another’s property isn’t enough to ensure the success of a wrongful death lawsuit. It must be shown that the defendant knew about the danger and failed to correct it within a reasonable time period, or failed to place a warning sign or otherwise warn others of the hazard. Premises liability wrongful deaths are complex and require the legal skills of an experienced lawyer.
If you lost a loved one because of the negligence of a property owner or manager, our compassionate lawyers will assess your wrongful death case, explain your legal options, and help you through the legal process. Contact us at Hogan Injury.