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Can Homeowners Be Held Responsible if Someone is Hurt on Their Property?

Feb 16, 2018 | By , on Personal Injury.

Homeowners have certain basic obligations, not only to visitors but also in some cases even to trespassers who come onto their property.  When homeowners have an obligation to take steps to ensure safety, but they fail to fulfill their duty, they could potentially be held liable if injuries occur due to their failure. Miami premises liability attorneys can provide help to victims of injuries in determining when a homeowner may be liable for the damage they’ve endured.

When are Homeowners Responsible for Injuries on their Property?

Homeowners have a duty to take reasonable precautions to protect visitors to their space. While they don’t have the same level of obligation to inspect their premises for possible sources of injury that owners of commercial properties do, they do need to address hazards that present a risk to visitors.

Homeowners should either correct conditions that could cause a visitor to suffer injury or should provide a warning to visitors.  If they fail to issue a warning or to make fixes to their properties to prevent injury, they could be held accountable if injuries happen due to their failures.

Homeowners also cannot set traps for trespassers that could cause harm and they need to protect trespassers against certain especially dangerous conditions. For example, a home swimming pool is typically considered an “attractive nuisance” because it is high-risk, but it is also inviting to children and others. 

Because of the dangers presented by a swimming pool, homeowners need to fence in or otherwise secure their pool in accordance with code requirements. If homeowners fail to follow code requirements or otherwise take basic steps to keep known trespassers safe from serious harm, this could give rise to liability.

There are many examples of situations where homeowners could be held accountable if they’ve failed to protect visitors and trespassers. Examples include when someone drowns in a swimming pool, slips and falls on the homeowner’s property, is hurt by a falling dead tree on the homeowner’s property, or suffers burn injuries due to a fire caused by homeowner negligence.

These are just a few of many situations when a victim could pursue a case against a homeowner after being harmed. The key question is whether the homeowner failed to take reasonable precautions and fulfill its obligations.

When a homeowner has failed in keeping visitors safe, visitors should not hesitate to pursue a claim for compensation.  Many people who are hurt at private homes are friends of the people whose house they were in when the injury occurred. While you may be wary of suing your friends and worried about hurting your relationship, it’s important to remember that it’s not your friend who will ultimately pay the bills. Homeowner’s insurance covers lawsuits for injuries on property and it will provide compensation to victims. 

Because injuries can be very expensive due to medical costs, missed work, and non-economic losses, victims could personally suffer substantial financial loss if they don’t take legal action. Miami premises liability attorneys can provide help in pursuing a claim for compensation so contact an attorney as soon as possible after getting hurt.

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