Accidents caused by negligence can happen anywhere, including rented and owned property. If you’re injured in a slip, trip, or fall accident on someone else’s property, you can claim various damages. A slip and fall lawyer will help you receive compensation for medical bills, lost wages, emotional distress, and damaged property from the property’s owner or occupier. Here are some of the differences between owner and occupier negligence:
What Is Owner Negligence?
Property owners have a responsibility to exercise reasonable care in creating and maintaining safe conditions for their visitors. Reasonable care involves fixing loose, uneven, or slippery flooring and other hazards within reasonable timeframes. Resolving such issues reduces the likelihood of slip and fall accidents and lawsuits. Property owners who fail to maintain their sidewalks, walkways, and other shared spaces increase the likelihood of visitor accidents and injuries.
A slip and fall lawyer can help you sue the property owner for injuries and damages suffered in accidents directly tied to their negligence. Examples of negligence include delayed repairs, inadequate lighting and warning signs, and unsecured swimming pools. When claiming compensation, the lawyer must prove the property owner knew about the hazard and failed to take necessary action. Your lawyer must establish the property owner had a duty to keep the property safe and breached that duty. The negligence must also be linked directly to the accident and injuries suffered.
What Is Occupier Negligence?
Occupiers of a building or property are responsible for maintaining their premises and keeping them safe for visitors. An occupier is a tenant, landlord, property manager, or anyone with control over the property. If you rent a property and use it as your business front, you become an occupier and have a duty to keep the area safe for your customers. Occupier negligence occurs when a property occupier fails to maintain the premises, resulting in accidents caused by neglected spills, loose tiles, and exposed wiring. Failure to provide adequate warnings for hazards is also considered occupier negligence.
Occupiers are expected to remove snow and ice from walkways and repair broken stairs leading to their properties. The terms of occupancy vary, so the property owner or occupier may be responsible for performing this maintenance. If you’re injured during your visit to the property, a lawyer can help you claim compensation from the negligent party. Occupier negligence has many similarities with owner negligence, including proving a duty of care and a breach of this duty. An occupier’s breach of duty must be linked to the accident, injuries, and other damages for which you’re claiming compensation.
How Are the Two Different?
Owner and occupier negligence differ in many ways, including definitions, controls, legal duties, and scopes of liability. Occupier negligence involves tenants, renters, property managers, and other people in charge of maintaining a property owned by another party. Owner negligence involves the property owner’s failure to uphold their duty of care. An owner can be the occupier, but they are also responsible for maintaining the property in areas not controlled by tenants or renters.
Occupier negligence involves the person physically in control of the property at the time of the accident. An example of occupier negligence is a tenant failing to clear walkway obstructions or provide wet floor caution signs. Owners don’t need to be physically present on the property to be held liable for negligence involving structural issues and common areas. Property owners also have broader responsibilities involving compliance with regulations and maintenance programs. Owner negligence examples include landlords failing to repair stairwells and handrails. In some cases, owners and occupiers share the responsibility during premises liability lawsuits.
Find an Experienced Slip and Fall Lawyer Today
Getting injured on someone else’s property can leave you with expensive medical bills, lost wages, mental or emotional trauma, and other damages. If you’re injured because of someone else’s negligence, you have a legal right to claim compensation for all damages related to the accident. Contact a slip and fall lawyer today to learn more about owner and occupier negligence.