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A commercial property is that which is owned by a business entity or held out for patronization by the public. Despite being the subject of strict safety regulations intended to keep the public out of harm’s way, commercial properties are subject to accidents that can cause injuries to guests. Our dedicated premises liability attorneys will be familiar with the different factors which can lead to a property’s hazardous conditions, such as poor maintenance, inadequate lighting, pavement irregularities, lackluster security, and more. Get in touch with a Cherry Hill commercial property premises liability lawyer to learn more about your legal options.
Duty of Care for Commercial Property Owners
Commercial property liability is based on the owner’s duty to make the premises as safe as possible for visitors and business invitees. If the owner of a commercial property breaches this duty of care and places an unnecessary risk of harm on guests or ignores foreseeable harm, they could be held liable in court.
The requirements for ensuring that a property is a safe place depends on the type of premises. Commercial properties typically require regular inspections to make sure they are free of dangerous conditions that might cause otherwise preventable accidents. Property owners must adequately maintain their land to avoid potential hazards as well as promptly remedy dangerous conditions which come to their attention.
Statute of Limitations and Denials
The statute of limitations for premises liability cases involving commercial properties is generally two years from the date of the accident. This time period can be shortened or extended on a case-by-case basis depending on many factors. Claimants should enlist the help of a skilled lawyer to ensure that they meet important deadlines throughout the litigation.
A claim that is rejected by an insurance company in its beginning stages, an injured person may proceed with a lawsuit within the two-year time frame. Alternatively, a claim that is rejected by the court allows a person to file an appeal within 45 days from the date of the dismissal. An experienced Cherry Hill commercial property premises liability attorney could help claimants with every step of this process, from filing to appealing.
Assigning Responsibility in Commercial Property Injury Cases
Liability is allocated between the different parties involved in a case, as some commercial property liability cases involve multiple defendants. For example, responsibility may be apportioned to an injured plaintiff as well as the owner and managers of a premises. Liability could also be assigned to an entity that is responsible for maintenance of the premises in question, such as a street sweeper or snow removal contractor. Additionally, the fault could be attributed to a construction company, general contractor, or subcontractor responsible for installing certain elements of a property like parking lots, sidewalks, or curbing.
When an individual cannot locate the entity most at fault for their injuries, they should focus on identifying other entities that could bear some responsibility. A steadfast attorney who does sufficient discovery could identify a primarily liable defendant through the other remaining entities.
Additionally, the prosecution of a Cherry Hill commercial property premises liability case does not necessarily change when the defendant is a large corporation. Companies typically have more resources than an individual person. Fortunately, a knowledgeable commercial property premises liability lawyer in Cherry Hill would perform a proper discovery regardless of a defendant’s status and resources.
Call a Cherry Hill Commercial Property Premises Liability Attorney Today
Premises liability cases involving commercial property are most successful when they are pursued earlier rather than later, while evidence is still available. It is more difficult to obtain and preserve evidence a year or more after an incident occurs. Reporting an accident on someone’s property can ensure that it is properly documented, which allows an attorney to gather crucial evidence that may be unavailable after the fact if an injured person decides to file a premises liability claim. Pursuing legal advice early in a case provides the best opportunity for success, so do not hesitate to schedule an appointment with a Cherry Hill commercial property premises liability lawyer today.