Landowners in Burlington have a duty of care to all lawful visitors. The rule is that landowners or property managers have to meet the general negligence standard of reasonable care under the circumstances. The specifics of that duty may change based on who is lawfully on the premises and under what circumstances. Whether they are visiting or doing business, the landowner has to have has used reasonable care in maintaining the property.
Drew Palcsik at Champlain Valley Law will explain the law of premises liability in Burlington slip and fall cases. A skilled slip and fall attorney, Drew will investigate the cause of your injuries and help you hold the wrongful party accountable for your damages.
What is Duty of Care?
Property owners are required to exercise reasonable care when others are on their property. Sometimes, these duties are set out in specific laws or regulations. For instance, the Burlington municipal code has rules about housing, fire safety, and the conditions on someone’s land. If you are injured on someone’s property, you have the right to raise a legal claim against a property owner or landlord if they did not follow the standards of care set out in those rules and regulations and it amounts to negligence. The same could be said for a workplace. The employer or the person in charge of the property has to meet worker safety rules like Vermont OSHA rules. Those are standards of care which may be used to establish negligence.
A Burlington slip and fall case is built around the idea that the property owner did not take reasonable care to make sure people do not get hurt on their premises.
What Happens If The Property Owner Is Unaware Of Their The Duty Of Care?
The law presumes that a property owner or property manager knows their duty under the law. Not knowing that somebody has an obligation is different than not knowing that there is a dangerous condition on the property.
The question in a slip and fall or unsafe walking surface case is whether the property owner knew or should have known that there was an unsafe condition. In almost every case, the defense is going to say that they did not know. That is always the first line of defense. The question to figure out is should the property owner have known about the hazards? That is where the investigation comes into play. Do they have policies for making inspections? What do those inspections cover? Drew Palcsik will investigate the property’s conditions and collect evidence proving negligence.
What Constitutes Trespassing?
Trespassing refers to an individual entering or remaining on any land or in any place where they have been given notice against trespassing. People generally post a notice saying no trespassing, so if you do not have consent or legal authority and you enter the land, then you are considered trespassing. If you enter a building other than a residence that is normally locked or a residence in violation of a court order, you are trespassing. If you enter somebody’s home knowing that you do not have the right to be there, that is also a trespassing. These are a couple of different ways an individual could be considered as trespassing. Usually, trespassers don’t have good legal claims if they are injured while trespassing.
Reach Out to An Experienced Slip and Fall Attorney At Champlain Valley Law
Following a tripping accident, you should retain the services of an experienced attorney. It is best to seek help from Drew Palcsik, a knowledgeable slip and fall attorney to discuss your rights and legal options. Drew knows how to handle premises liability cases involving slip and falls. Let the legal team at Champlain Valley Law take the lead in your case. Call today to learn about premises liability in Burlington slip and fall cases.