There must be a dangerous condition that the commercial property owner either knew about or should have known about which caused someone to get injured. If that is present, then they are responsible.
This is where something called notice comes into play. The commercial property owner must be aware or reasonably aware that this dangerous condition was present in order to make it safe for others. That is when they’re responsible.
For example, if someone falls in the supermarket on a slippery substance on the floor, the question will always be ‘did the supermarket or its employees know that there was a spilled substance on the floor which was dangerous?’ Well, if that spilled substance was within sight of a cashier, then they should have known about it.
However, if there’s absolutely no proof of how a clear liquid got in the middle of an aisle and there are no witnesses to say that the clear liquid was there for a very substantial period of time, you may not be able to prove that the supermarket had notice of that dangerous condition sufficiently in time to clean it up or make it safe.
It has to do with who created or is responsible for the dangerous condition.
For example when talking about a stairwell or stairway out front that is improperly built and terribly designed, it would not only be the owner of the property, it might be the contractor who put those stairs in, or even the architect who improperly designed it. If we’re talking about a maintenance issue, it could be the people that were responsible for maintenance of the property.
Going to an ice and snow situation, many commercial properties hire companies to clear the ice and snow and put down salt whenever there is freezing rain or snowfall. So you may have to bring the claim against both the commercial property holder as well as the snow removal company in that situation.
Many times there is more than one party or more than one entity that is responsible and it’s the job of the attorney to figure that out so that the claim is brought against all responsible parties.
When dealing with a serious injury, the person should just talk to their friend. Make sure they have insurance, which they surely will because people who have mortgages are required to carry insurance, and that’s what they pay for.
If they’ve been paying for insurance, probably for many years, why not take advantage of it and allow their paid for policy to compensate their friend, meaning the client, for the injuries that they sustained?
It’s a benefit that they’ve already paid for and really should be obtained, and if they’re your good friend they’re certainly going to want you to seek that recovery. In almost all situations, you’re certainly not looking for any money from them. That’s why they bought and paid for insurance; that’s what it’s for.
The good thing about it is that it makes perfect sense and also takes any guilt or embarrassment away.
You’re not asking to change any facts. Whatever occurred, occurred, but they’ve already bought and paid for that insurance policy. Why not let the insurance company pay what they’re supposed to pay?
If you need information on When And How Can The Injured Person Bring Up A Personal Injury Claim, call the law office of David Maran for a free initial consultation at (973) 622-5303 and get the information and legal answers you’re seeking.