Property owners often fail to adequately maintain their property, which can cause serious injuries to guests, passersby, and customers. Maryville slip and fall attorney Mark C. Hartsoe can help you if you were injured on property that was inadequately maintained by its owner. Mr. Hartsoe has represented clients in personal injury cases for over twenty years. If you were hurt on someone else’s property, contact Mark C. Hartsoe today for a free consultation.Inadequately Maintained Property
Accidental injuries can be avoided if property owners take steps to maintain their property. According to the National Safety Council, falls are the leading cause of unintentional injuries in the U.S. They are the second-leading cause of unintentional death. Broken stairs, uneven surfaces, wet floors, and unguarded heights are some examples of inadequately maintained property that can lead to injury. Children and the elderly are particularly susceptible to getting hurt on poorly maintained property. The number of deaths associated with falls for those 65 and older is four times the number for all other age groups. Children are likely to be attracted to artificial property conditions, and to be unaware of their inherent risks.
A property owner can take measures to prevent accidental injury on their premises. This includes:
- Removing hazards that can cause tripping, such as clothes, shoes, or merchandise from hallways
- Periodically inspecting stairs, walkways, and steps, and promptly repairing any damage
- Cleaning up spills immediately and providing notice of wet surfaces
Many property owners, however, may still neglect to adequately maintain their property despite the risk of injury to others.Liability for Inadequate Maintenance on a Property
Property owners can be held legally responsible for any injuries that result from their inadequately maintained property. In Tennessee, property owners must exercise reasonable care with regard to persons on their property. This duty of care includes property inspection, reasonable maintenance, and removal and/or warning of any potential dangers.
The level of care owed by a property owner depends on why a person is on the property in the first place. A property owner has a higher duty of care to someone invited onto the property, such as a customer at a retail store or a visitor in their home. For example, the owner of a retail store must clean up any messes on the floor to prevent a customer from tripping, and secure merchandise to prevent falls. A homeowner must warn guests of any dangers in the home, such as a broken step.
Property owners must not intentionally harm trespassers, but otherwise owe them no duty of care. They do, however, owe a duty of care to any trespassing children. Property owners must protect children against any dangers on their property, even if the children trespass on their property.Seeking Damages for the Harm You Have Suffered
If a property owner neglected to adequately maintain their property and caused you harm, you can hold them liable for your injuries. You can potentially recover for your medical expenses, long-term care, lost wages, and the pain and suffering you endured as a result of their neglect.
If your loved one died as a result of inadequately maintained property, you can initiate a wrongful death suit against the property owner and/or possessor responsible for the lack of maintenance. You can seek compensation for your relative’s medical bills, funeral and burial costs, and loss of consortium.Dedicated Personal Injury Representation
Maryville personal injury lawyer Mark C. Hartsoe can provide you with the representation you need to seek compensation for your injuries. Mr. Hartsoe has helped clients throughout Tennessee successfully recover damages from property owners who neglected to maintain their property. He will prepare your case, engage in settlement negotiations, and represent you at trial if needed to make sure you fight for the compensation you deserve. Call us at (865) 524-5657 or contact us online to discuss your case today.