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Have you been injured by a slippery floor, broken stairs, or cracked sidewalk? Essentially, property owners have the legal duty to keep their premises in a reasonably safe condition for guests and tenants. This usually requires carrying out adequate maintenance, such as fixing broken railings and stairs, replacing defective lighting, and cutting overgrown vegetation. Alternatively, the homeowner must warn tenants and guests about areas that are dangerous or unsafe on the premises.
In the event that you sustain a premises-related injury due to inadequate property maintenance or the homeowner’s negligence, you may be entitled to recover fair financial compensation. In this post, we will explore some different examples and consequences of inadequate maintenance, as well as your legal options for seeking damages. Also, we will determine whether you’re eligible to take out a non-recourse lawsuit loan before your premises liability claim or lawsuit settles.
Common Examples of Inadequate Maintenance
Inadequate maintenance can be described as the failure of a property owner or resident to properly take care and upkeep their property, thereby resulting in a state of disrepair and possible danger. Some common examples of inadequate maintenance that may result in potential safety issues and hazards include:
- Neglecting structural elements, such as cracks in foundations or walls, deteriorating roofs, and loose or missing bricks.
- Ignoring electrical issues, such as faulty circuit breakers, exposed wiring, faulty switches, and flickering lights.
- Overlooking plumbing issues, such as leaky faucets, malfunctioning toilets, burst pipes, and sewer backup.
- Overlooking grounds-keeping and landscaping, such as overgrown vegetation, slippery surfaces, and uneven sidewalks.
- Failure to promptly address security concerns, such as inadequate lighting, broken locks, malfunctioning alarms, and unsecured entry points.
Unfortunately, the potential ramifications of inadequate maintenance can be devastating. Hence, property owners have a legal obligation to keep their premises safe for anyone lawfully on the property.
The Legal Duty of Care of the Property Owner
As a property owner, you have a legal responsibility to ensure that your premises are reasonably safe for anyone who uses or visits your property lawfully. The legal duty of care can be described as various reasonable steps taken by a person to keep their premises safe from harm. This may include the following:
- Inspecting the property regularly for hazards.
- Fixing defects and damaged areas on the property.
- Repairing or removing any hazards on the property.
- Taking necessary steps to detect and prevent criminal activities on the property.
- Providing adequate security measures to safeguard guests and their belongings.
- Hiring a professional to inspect the property for defects and hazards.
- Warning visitors about potentially dangerous or unsafe areas that cannot be fixed.
Thus, a negligent property owner who fails in their expected duty of care may be held accountable for injuries, damages, and losses suffered by anyone who was lawfully on the premises.
Potential Consequences of Inadequate Maintenance
Some of the ripple effects and potential consequences of inadequate property maintenance include:
- Physical injuries from slips, trips, and falls
- Water damage
- Property damage or structural collapse
- Electrocution
- Electric fires and other fire hazards
- Financial losses from medical bills and lost wages.
- Reduced quality of life.
- Loss of property to theft, robbery, or burglary.
- Assault, battery, or other physical attack on visitors and tenants.
- Sexual assault or rape.
If you have suffered a premises-related injury due to inadequate maintenance, you may be eligible to recover damages by filing an insurance claim or lawsuit. You can contact an experienced personal injury attorney to advise you about your rights and determine how to proceed with your case.
The Next Steps to Take If You’re Injured on Another Person’s Property
If you’re injured on another person’s property due to inadequate maintenance, you should take the following steps, where possible:
- Remain calm and get to safety.
- Seek immediate medical attention for your injuries.
- Report the incident or hazard to the property owner or manager. You can also file an official report with the police.
- Take pictures of the accident scene or hazard for proper documentation.
- Gather enough evidence, including witness testimonies and accident scene photos.
- Document your injuries, medical bills, treatments, and hospital visits.
- Retain a premises liability attorney to help file your claims, negotiate a fair settlement, or take additional legal action.
Proving Negligence in Your Premises Liability Claims for Inadequate Maintenance
In order to prove fault in your premises liability claims for inadequate maintenance, you must show that:
Duty of Care: The property owner owed you a legal duty of care to maintain the premises in a reasonably safe condition.
Breach of Duty: The property owner breached their expected duty by failing to perform routine inspections, repair known hazards, or put adequate security measures in place.
Causation: The negligence of the property owner or inadequate maintenance directly caused your injuries and damages.
Damages: You suffered actual harm, bodily injuries, or losses due to inadequate maintenance of the property.
Furthermore, your attorney can help gather substantial evidence to prove negligence and establish liability in your case, and attempt to recover the financial compensation you deserve.
Why You May Need Pre-Settlement Funding
When you’ve suffered a premises-related injury due to inadequate maintenance, medical bills, living expenses, and attorney fees will keep accruing while your case is ongoing. As a result, you may face financial difficulties while waiting for your case to settle.
Unfortunately, negotiating with the insurance company or getting a court verdict may take longer than expected. Rather than continue waiting, you can apply for settlement funding to get the immediate funds you need to pay your bills and meet your other financial obligations.
In addition, our lawsuit loan is non-recourse, risk-free, and affordable. Moreover, taking out a lawsuit loan will give your attorney enough time to advocate for your rights and help you recover the maximum possible financial compensation. Above all, the settlement funds belong to you and you can spend it on what pleases you.
Contact Us for Affordable Lawsuit Loans for Inadequate Maintenance Claims
Do you need affordable lawsuit loans for your premises liability claim from inadequate maintenance? Contact us today at High Rise Financial to schedule a simple consultation. Our dedicated legal funding experts can educate you about your available lawsuit loan options and guide you through the application procedures. Call us today to apply.