Who is liable for an injury that occured on a commercial business property? 31 Answers as of March 23, 2011

If a person falls on a commercial business property, who is liable or responsible to compensate me or does that person have a case? A broken arm was a result.

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Law Office of Dewey N. Hayes, Jr., PC
Law Office of Dewey N. Hayes, Jr., PC | Dewey N. Hayes
It all depends if you can articulate, what the owner/occupier did or failed to do that proximately caused you to fall. Did u fall on static condition, or wet spot? Why didn't you see spot & avoid it or walk around defect? Should owner be considered to have superior knowledge of the defect-legally or would court consider you to have equal knowledge of dangerous condition?
Answer Applies to: Georgia
Replied: 3/23/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
Either the tenant and/or the owner of the property. It depends on who created the dangerous condition.
Answer Applies to: Florida
Replied: 3/21/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
I cannot answer your question based on those limited facts. However, the following people are potentially liable: 1. The building owner 2. The building management 3. The leasee of the building/area of the building 4. Anyone responsible for the specific conditions that caused you to get injured. Eg. If the cleaning crew spilt soap on the floor and you slipped in it, the cleaning crew could also be responsible. I hope that helps!
Answer Applies to: Missouri
Replied: 3/21/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
The commercial business may be liable, however you will need a person injury attorney to determine the notice issue which is did the business know or should have known of the dangerous condition.
Answer Applies to: California
Replied: 3/17/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Depending on the circumstances, no one may be liable. Need more facts about the property and the reason for the fall.
Answer Applies to: California
Replied: 3/17/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Depending on the more detailed factors of the case, the commercial property owner(s) is more likely to be responsible. I encourage you to contact our office for a free thirty minute consultation to discuss in more detail.
    Answer Applies to: Illinois
    Replied: 3/15/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    That depends on who caused the injury. If the property owner is the cause then he is liable. If the injury is a result of your own negligence (more than 50% your fault) then the land owner is not responsible.
    Answer Applies to: Illinois
    Replied: 3/15/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    If the injured person is a non-employee, then the injured person must prove that he or she is not at fault and that someone else is at fault for causing the injuries. The injured person would then have a claim against the person or company who caused the accident.However, sometimes there is Med-Pay insurance coverage to pay for some of medical expenses, regardless of fault.
    Answer Applies to: Delaware
    Replied: 3/15/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Liability is determined by status to the land and the facts of how the accident happened. There is no absolute liability. I would need to know the details of how the fall occurred.
    Answer Applies to: Alabama
    Replied: 3/15/2011
    Ciccarelli Law Offices
    Ciccarelli Law Offices | Lee Ciccarelli
    In Pennsylvania a landowner or property owner can be responsible for injuries that occur on their property were a dangerous or defective condition existed and which was known or should have been known by the property owner. You may have the basis for the claim but these type of cases are fact dependent and you really need to speak with an experienced personal injury attorney immediately. Remember, though Pennsylvania has a two year deadline for filing a lawsuit, action really needs to be taken immediately. Get advice now.
    Answer Applies to: Pennsylvania
    Replied: 3/15/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    The answer to both your questions depends on the facts surrounding your fall. You have serious injuries. Call for the free consultation most personal injury lawyers offer.
    Answer Applies to: Virginia
    Replied: 3/15/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You must prove fault, not that you fell but that you fell because of someones negligence.
    Answer Applies to: North Carolina
    Replied: 3/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is a slip and fall and there is a case against the owner and/or lessor.
    Answer Applies to: Connecticut
    Replied: 3/15/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    They are only responsible if they are negligent, either doing something a reasonable person wouldn't do, or failing to do something a reasonable person would do. Just because an accident happens on your property doesn't mean the property owner is responsible. A commercial property owner (i.e., a store) owes a higher duty of care, but they still aren't responsible unless they're negligent. It wouldn't hurt to inquire, because sometimes they have medical payments insurance coverage that covers doctor's bills for people injured on their property, regardless of whether the property owner is negligent. Those limits are typically low limits (like $5k) and will only cover medical bills, but sometimes that's better than nothing.
    Answer Applies to: Florida
    Replied: 3/15/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    The landowner is responsible for medical bills typically (if their policy provides, which usually does). If the injured party can prove negligence on the part of the landowner, damages for pain and suffering are recoverable. Please consult /w a licensed attorney in your area either on the phone or preferably in person. Good luck!
    Answer Applies to: Georgia
    Replied: 3/15/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Assuming the owner and/or operator of the business knew, or should have known, of the defect which caused you to fall, you would have a right to present a claim against that business. Documenting the defect/cause of your fall is extremely important. Free consultations are available to discuss the facts of your particular situation.
    Answer Applies to: Florida
    Replied: 3/15/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The property owner would be responsible if we can show whether owner was negligent. Call the office for a consultation.
    Answer Applies to: Pennsylvania
    Replied: 3/15/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The business is liable if it was negligent in some way and its negligence caused the accident. Some possible ways a business might be negligent are: creating a dangerous condition and failing to correct it or warn against it. Examples are, mopping a floor and failing to put up warning signs. Digging a hole were you expect people to walk, especially if this is expected at night, and failing to rope it off. Failure to follow building codes can give rise to liability, such as failure to put of guard rails where this is required.
    Answer Applies to: South Carolina
    Replied: 3/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The owner of the building is usually responsible for the building and injuries that occur there. They can delegate certain things, like snow removal, to contractors, but that is a different story. Please click on the link on the left to call me and discuss your potential case.
    Answer Applies to: Michigan
    Replied: 3/15/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    The negligent party is liable. If the commercial business was the one that neglected to take precautions that would have prevented your injury, they should be held liable. However, if it was a private person who caused the accident, he or she would be liable.
    Answer Applies to: California
    Replied: 3/15/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    The owner of the business has a duty to maintain a safe premise. If they had a dangerous condition on their property which caused you injury, they will be liable to you. Larger companies are self insured and others have insurance to cover these types of claims.
    Answer Applies to: Colorado
    Replied: 3/15/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    Sorry to hear about your hand injury. More facts are needed to answer your question. Liability is determined by proper evaluation of facts. For example, why did you fall, was the floor slippery, was the floor wet or any other spills, was there any warning signs, etc, etc. First and foremost, you should make sure to seek proper medical treatment. Then, I suggest you talk to an attorney and go over the facts in detail to see if there is any case.
    Answer Applies to: Virginia
    Replied: 3/15/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Your personal injury question concerning a slip and fall on commercial property requires more facts in order for a useful answer to be given. I need to know where the injury happened (which state), what was the status of the person (a visitor?), what caused the fall, and did the owner know of the condition? Call me to discuss.
    Answer Applies to: Virginia
    Replied: 3/15/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Depends on the facts, but it could be the commercial property.
    Answer Applies to: Massachusetts
    Replied: 3/15/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The owner of the property or the person/entity that has control over the area where the dangerous condition existed would be responsible. For example, if I owned the building and hired someone to maintain the grounds, I would be responsible if there was a dangerous condition that lead to the fall. If I owned the property but leased the entirety of it to another party and they failed to properly maintain it, unbeknown to me, they would be responsible. I must caution you that slip and fall cases are difficult and disfavored by the courts. It is a tricky area of law because the hazard has to be a significant one and not trivial. But then if its so open and obvious, why didn't you see it and avoid it to prevent the fall? It is somewhat of a catch 22. Your question does not describe the hazard so I cannot comment any further on the aspect of liability.
    Answer Applies to: California
    Replied: 3/15/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Good question. The main issue is what caused you to fall. Were you a tresp., licensee or invitee. Depending which you were, that is how you decide what duty the commercial landowner or renter owed you. If you were an invitee, which is the best for you, they have a duty to keep the premises safe. There are a lot of issues with that duty. They are not a guarantor of your safety. You should look at the information on our website and give me a call. I can explain the three ways to win your case. We never charge to talk to you on the phone. We handle over 75 slip and falls cases each year all over Alabama.
    Answer Applies to: Alabama
    Replied: 3/14/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Depends but usually the owner of property or leasee of property
    Answer Applies to: Florida
    Replied: 3/14/2011
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    In a nutshell, potentially the owner if there was an unreasonably dangerous condition that the owner knew or should have known about.
    Answer Applies to: Illinois
    Replied: 3/14/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Liability depends on whether the landowner was at fault. Under Utah law, a landowner is liable for harm caused by a dangerous condition on the property. If the dangerous condition is of a temporary nature, it must have existed long enough for the property owner to have become aware of it. You should find a qualified attorney to help you with this issue. I would be happy to help you.
    Answer Applies to: Utah
    Replied: 3/14/2011
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