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Negligence per se: Dangerous property condition violating the law

On Behalf of | Nov 30, 2015 | Premises Liability |

If you suffer serious injuries in an accident in a grocery store, shopping mall or other location, you might have a right to make a claim against the property owner for compensation. Generally, liability on the part of the owner would depend upon your ability to prove that the accident resulted from inadequate lighting, icy sidewalks, a wet floor or other hazardous conditions caused or allowed to exist on the premises by the owner.

If you have been injured in a slip and fall, or other accident that might have been caused by a negligent property owner, you should learn about your compensation rights. A Columbus personal injury attorney could provide advice on the law and address your questions and concerns about negligence and negligence per se.

Proving that someone was a negligent property owner requires evidence of each of the following:

  • A duty owed to you by the owner of the property to ensure your safety
  • The owner’s failure to fulfill the duty
  • Injuries suffered by you because of the owner’s failure to fulfill his or her duty

Establishing all of these elements is required in proving negligence on the part of a property owner. However, it is also possible to be injured due to a dangerous property condition and be entitled to compensation without having to prove each of the elements of a typical negligence case. This happens when hazardous conditions violate state or local laws.

Negligence per se is when someone’s violation of a law results in injuries to another person. In a premises liability case, proof that your injuries came about because of a violation of the law could be sufficient to establish your right to compensation. For example, if Ohio law requires handrails and lights for all stairways, the failure of a property owner to have the required equipment in place could be a violation of the law that would establish negligence.