By Robert I. Feinberg | Published August 23, 2018 | Posted in Personal Injury, Premises Liability | Tagged Tags: Duty of Care, Landowners | Comments Off on Commonsense View of Fault in a Fall Down Case
As you are aware by now, many of my blogs have dealt with the concept of landowner liability. Maybe that’s just a fancy way of referring to an owner of property. For example, many such personal injury cases involve a commercial establishment which has a duty to maintain its property, inside and out, in a reasonably safe manner. From my experience, I would have to say that one very helpful factor, one that has come up a lot in recent cases, is if the condition that causes the accident has been a long standing condition.Read More
In the context of accidents and injuries on property or premises, we, as the attorneys for the injured party, need to show that a landowner has failed to act reasonably in maintaining his or her property in view of all the circumstances. You can say that we follow a formula: what is the likelihood of an injury, the potential seriousness of an injury and the burden of avoiding the risk of an injury?Read More
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