DC Commercial Property Premises Liability Lawyer

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As defined by Maryland regulations, commercial property is property available to the public which usually entails real estate properties that invite the public to the property for business activities. Liability in DC commercial property premises liability generally refers to commercial property owners being held liable or responsible for any injuries to patrons at the commercial property because of known defects to the property.

Because there is a three-year statute of limitations for a personal injury stemming from commercial property liability, anyone involved in a commercial property incident should immediately contact a skilled commercial property lawyer. If you have sustained an injury on public property, a DC commercial property premises liability lawyer can help you assess your claim.

Assigning Liability

Liability is a contested issue that must be proven by the plaintiff or the injured person. If an injured person maintains that a commercial property owner is liable for their injury, the injured person must prove by a preponderance of the evidence that the commercial property owner failed to maintain the property as they should and that the failure was a cause of the plaintiff’s injuries.

Potential DC commercial property premises defendants are specific to the type of property involved. However, defendants in many cases are the owners of the property or are management companies hired to manage, maintain, or supervise the property. Depending on the nature of the claim, a defendant could be a tenant of the property or anyone else involved in the use, ownership, or supervision of the property.

If the responsible party cannot be found, it is not likely that a claim is made. Just because an incident occurred, that does not mean a person is responsible. It is up to the plaintiff to locate, identify, and prosecute their claim according to the court’s rules. Therefore, it is entirely incumbent on the injured person to learn and identify the potentially responsible party with a premises liability lawyer.

Large Corporations

Litigation of a commercial property premises liability case where the defendant is a large corporation is handled in the same manner as when a defendant is an individual person. In Maryland and in many courts, corporations are seen as entities or the same as persons. In the eyes of the court, an entity has the same rights, responsibilities, and defenses as a private property owner.

Generally, commercial property owners must keep their property in a safe condition for its intended purpose. When there are known hazards or warnings, the commercial property owner has a duty to warn the public of these conditions.

Appealing the Rejection

Sometimes DC commercial property premises liability claims are denied. In other words, the commercial property owner is not inclined to present an offer or settlement. When the claim is denied, the injured person must initiate a lawsuit to pursue the claim further.

When the lawsuit is denied or judgment is rendered in favor of the defendant, the injured person can appeal the decision if the court made a mistake of law in rendering a decision. The time frame in which the court rendered that decision is prescribed by the court’s rules. Typically, an appeal must be noted within 30 days of the date of the final judgment being docketed.

Consulting an Attorney

People should know that commercial property liability cases are difficult to prosecute. Contributory negligence and assumption of risk are often used to defend commercial property liability cases. People should be mindful of the uphill battle and should know what they must endure presenting a commercial property liability claim. Commercial properties are visited by hundreds and thousands of people who safely navigate these properties.

If one person has an issue, it stands to reason that the person who was injured somehow caused or contributed to their injury because thousands of other people passed safely through the same place. When the injured person caused or contributed to their injury, they are barred from recovery under Maryland law. It may be vital to contact a DC commercial property premises liability lawyer when assessing your case.

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