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Premises Liability

WSLS July 14, 2006

Roanoake, Virginia - Nearly 100 people have been taken to Roanoke Memorial and Lewis Gale hospitals with flu-like symptoms consistent with carbon monoxide poisoning. At least one person has died from the gas. It happened at a dorm on College Lane on the Roanoke College campus. Some of the victims were women in the Upward Bound college prep program, while others were from the Power in the Spirit, a group from the Virginia Lutheran Conference. Victims range in age from teens to the elderly. According to Roanoke College spokesperson Teresa Gereaux, 1 person, an elderly male, has died.

WRC July 27, 2006

Falmouth, Va. -- A carbon monoxide leak at a hotel made seven guests ill Thursday, sending them to the hospital for treatment, a Stafford County official said. County spokeswoman Cathy Riddle said the seven people reported dizziness but none had life-threatening symptoms. Deborah Morris, a spokeswoman at Mary Washington Hospital in Fredericksburg, said there were no patients at the hospital Thursday afternoon due to the leak. Morris declined to comment whether patients had been transported there and released.

Owners of properties and businesses have a deeper responsibility then simply throwing open their doors to tenants and customers. They also have a duty to make sure that their establishments are safe. A property owner or management company that fails to ensure that any common area is free of dangers is liable for damages if anyone gets injured. Owners and mangers of hotels and apartment buildings have an equal level of responsibility as well. Any property where the general public is welcome or any property that houses tenants should have regular and rigorous inspections to ensure that the public and tenants are safe from potential harm. This isn’t an unreasonable request; restaurants are required to undergo regular health inspections to ensure that the public won’t be put at risk, construction sites are required to be clearly marked and sealed off from public access, and public swimming pools are required to have clean water and trained lifeguards.

An injury that occurs on property designed for public use that occurred due to negligence or a violation of established regulations can fall under the category of premises liability.

Examples of Premises Liability

Exposure to Toxic Chemicals: A business or property owner that exposes tenants and/or customers to hazardous materials such as lead paint, asbestos or mold can be liable for any medical costs or other related damages, even if he claims to have been unaware of the problem. Claiming ignorance of the situation simply means that there were not enough adequate inspections to ensure that those working or living in the property were able to do so safely.

There are also examples where chemicals are used in everyday places, but are used inappropriately. Swimming pools treat their water with chlorine, which is kept on the premises in enormous amounts. Not properly regulating the amount of chlorine in a pool can cause severe damage to the skin and eyes, and an accidental spill can prove equally disastrous.

Construction: Any property owner that is having maintenance or construction done is also responsible for making sure that it is done safely and done with minimal contact with customers or passersby. For instance, painters, window washers, electricians or other laborers should make sure that all of their tools are secured at all times. Something as small as a quarter-inch bolt can cause enormous damage if it is dropped from a great enough height. A building site that isn’t adequately sealed off or marked can prove deadly for passersby that aren’t aware of it.

Lack of Security: A resident of an apartment building or a guest at a hotel who suffers from an assault, robbery or rape should consider the circumstances that led to the crime. It is the owner or the property manager’s job to make sure that their tenants or guests are as safe as possible from intruders and criminals, and failure to do so due to weak locks, no control of who can access the building, not enough security guards, or security guards that are poorly trained can be considered negligent.

Rappaport, Glass, Green and Levine: Fighting for the Rights of the Injured

Most New Yorkers are unaware of their rights as tenants, guests or customers. Because of this, they often fail to consider issues of liability after an injury or assault. The Law Firm of Rappaport, Glass, Green and Levine have a long history of securing compensation for those who have been injured due to the negligence or incompetence of others. Slipping on an unmarked wet floor, getting assaulted due to inadequate security or being hospitalized due to an underage drunk driver isn’t something that you should just chalk up to “bad luck.” Property and business owners have a responsibility to their tenants, guests and customers, and not meeting those responsibilities is hardly a matter of being unlucky. If you or a loved one has received bodily harm due to easily preventable reasons, you may be eligible for compensation. Contact Rappaport, Glass, Green and Levine for a free legal consultation today.