Failure to Inspect, Maintain and Warn

Posted by Richard P. Hastings | Nov 22, 2011 | 0 Comments

f your child has been injured in some type of accident, you could potentially assess liability, if applicable, based upon the following legal theory:

Failure to Inspect , Maintain and Warn: Property owners have a duty to properly inspect and maintain their property in a reasonable and safe condition and to warn or protect others from dangerous conditions, which they know of or should have known of. These same owners and/ or possessors have a duty to properly inspect their property to make sure it is safe for persons using that property. When a property and/or possessors owner fails to properly inspect their property to discover an unsafe condition that causes injury to another that owner may be held liable for the damages and injuries incurred by the third party.

Examples of dangerous conditions that should be inspected by the property owner and/or possessors, which could result in liability might include:

  • Standing, pooling or dripping water on a surface
  • Ice or snow
  • Inadequate lighting
  • Defective cracked or chipped flooring
  • Improperly secured floor coverings
  • Stairs, steps, or handrails that are dangerous and/or defective
  • Hidden or concealed hazardous
  • Slippery substances on surfaces
  • Mechanical malfunctions
  • Failure to repair broken or defective items
  • Dangerous or defective playing fields
  • Rusted, broken, or damaged playground equipment

If a negligent properly owner and/or possessors fails to properly maintain, inspect, repair, replace or warn others of hazard, which they know of or should have known of then the injured party or parent of an injured child could make a claim against the negligent property owner and/or possessors. You need to be aware that there are time limitations in which you have to file your claim If you miss the time limit for filing your case, you will be barred from ever collecting any money. Don't run the risk of jeopardizing your right to collect money damages. Call us at (888) 244-5480 for a free consultation, and to learn more on the next steps you should take. 

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.


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