Aldrich Law Firm, Ltd.
Aldrich Law Firm, Ltd.

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877-508-0433Good People Deserve Good Lawyers. ®

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Is it negligence? Elements of premises liability

If you had to focus on your own personal safety constantly, going shopping or out to eat in Las Vegas could turn into a chore. When business owners have done their job right, their establishments will not have hazards threatening your well-being at every turn. In fact, the law holds them responsible for ensuring that they do not put anyone in danger through negligence.

According to Cornell University Law School’s Legal Information Institute, negligence can be either an act, or a lack of acting, but either way, it is based on how a reasonable person would respond in that circumstance. The factors in determining this include how likely it is that the action or omission will cause someone to get hurt and how severe an injury might be anticipated, as well as what measures the owner should be realistically expected to take to ensure your safety.

A frayed carpet edge or a dark stairway could put you in danger, and tripping on one or falling down the other could cause you some serious injuries. A business owner should be expected to replace the damaged flooring and install adequate lighting. So, either of those scenarios could be negligence.

To prove negligence in court, you would have to show that the business owner was responsible for your safety, but failed to fulfill his or her duty of care. You would also have to be able to prove that your injuries are a direct result of the negligent act or omission, and that the event could have been anticipated and prevented. This information is provided to help you understand negligence, but it is general in nature and is not intended as legal advice.

John P. Aldrich
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