Can A Property Owner Blame The Builder After An Injury?
When an innocent person is injured on someone else’s property, including public spaces that belong to a city or county, it is important to consider whether the property was unsafe. If in fact the property was unsafe, an important question to answer is, who was responsible for making it safe? In other words, whose fault is it that the property was unsafe? In some cases, a property owner may look to the construction or landscaping company that built the structure or outdoor area where the injury occurred and ask – was the injury caused by poor construction or did the company not follow the contract?
Below, our friends from Volpe Law LLC discuss whether a property owner can blame a builder after a premises liability injury occurs.
When someone is injured on someone else’s property and they seek compensation from the negligent person or party, it is often referred to as premises liability, which is a type of personal injury claim. In the situation where a breach of contract by a construction or landscaping company caused or partially caused the injury, the property owner may benefit from discussing their situation with a breach of contract lawyer.
Property Owner Responsibilities
Property owners have the responsibility of keeping their spaces reasonably safe. This means that things such as handrails, stairs, walkways, lighting, and security measures are in good, working order. Broken handrails, stairs, security systems, and walkways with potholes, obstructions, or hazards such as snow or ice, need to be repaired. If they are not kept up the way they are supposed to be and someone gets injured because of this, the victim may use a premises liability lawyer to help them file a claim against the negligent property owner.
Construction Mistakes And Their Potential For Long-Term Hazards
Not all injuries that happen on someone’s property are caused by the owner’s neglect. Sometimes it can be the construction or landscaping company’s fault. For example, if a staircase collapses or a deck falls because of subpar materials, shoddy workmanship, or building code violations, or if flooding or slick surfaces are caused by improper or insufficient drainage, it may be a construction project liability rather than a premises liability.
Contractors and developers are obligated by law and the licenses they need to qualify to do their jobs.
Timing And Documentation Matter
If a property owner wants to hold a builder accountable for one of their tenants’ or visitors’ injuries, they will need to be able to prove that the dangerous condition existed because of the original construction – not something that they could have prevented with regular maintenance and repairs. Inspection reports, contractor agreements, and building permits are typically used as documentation in construction defects disputes.
More Than One Party Can Be Responsible For An Injury
In these types of cases, it is also possible for more than one party to be held liable for a victim’s injuries.
When someone is injured, blame is not always on the owner or does not always stop with them. Responsibility may be placed on the construction company.
Who should ultimately be held accountable is often determined by exploring both property-based claims and contractual obligations.
