Despite the widespread, public misconception, it does not have to be the owner that gets sued, in the event that someone gets injured on private or commercial property.
So, who could be sued for damages?
It could be the occupier, the person who has control over the property. The responsibility and liability can be shared among the owner, the landlord and the renter. For instance, an organization might rent its property to a sports group. If someone in the sports group got injured on the rented property, both the organization and the sports group could be held responsible.
Actions to be taken, if space gets shared
Create a document that states what areas each party is responsible for. In the same document explain which party will be held responsible for inspections, which will be responsible for maintenance and which will be responsible for repairs. Define the liabilities of each party. Include the definition in a written document.It helps to have someone in charge of records. The availability of good records reduces the chances that the occupier/owner will face a property charge. Ideally, records can be used to demonstrate proper maintenance of a given area.
Actions that aid creation of a hazard-free property
• Remove ice and snow
• Check for cracks, gaps or potholes
• Fix slippery surfaces
• Fix loose handrails on stairs
• Clear off debris from area where people might be walking
• Make sure all areas are well-lighted.
A warning to the owner of a private residence
Plan to supervise any children that might come onto the premises. Those young people tend to put their possessions at the spot that is most convenient for them. A child might throw a bike on the stairs that lead up to the front porch. Designate a space where young visitors can store their things safely.
Some architects and landscape architects create designs that include some type of step. If you have such a structure in your home or yard, arrange to call attention to its presence, whenever guests are present. Otherwise, someone might trip on that decorative step. Then you could be held responsible for any injuries that fallen victim might suffer. Most of victims file to sue property owners for liability with the help of a personal injury lawyer in Red Deer.
A warning to the owner of a commercial property
Be sure that anyone in your building can find the exits with ease. Owners can be held liable, if the occupants of a building cannot find the exits at the time of an emergency.
If you store materials in an elevated spot, make sure to secure each of them. You do not want to have any box or other container falling on someone’s head. If such an incident does take place, understand what procedure you ought to follow.