THE IDAHO PREMISES
LIABILITY LAWYERS

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CONDITIONS GENERAL PREMISES ACCIDENTS MAY ARISE FROM

Inadequate Maintenance

Defective furniture or equipment could pose a risk to property visitors. Inadequate maintenance also leads to worn-out stairs, shelves, roofing, and the like.

Weather

There is greater risk of injury when the weather is cold or wet. Morning frost, dew, and/or fallen leaves could create slippery surfaces on sidewalks and driveways, while snow or ice could accumulate in entryway.

Lack of Security

Such cases can arise in apartment or office buildings if someone walks or breaks in and harms someone inside the building. If reasonable steps to secure the building weren’t taken, the building owner could be held liable.

Other Visitors

Hazards could be created by other customers or visitors to the property, accidentally or otherwise. For example, a visitor could spill a drink on the floor and cause another visitor to slip in the spilled liquid. If the evidence shows that the business should have been aware of the spill, they may be liable for the resulting injury.

* While these are not the only contributing conditions, these are very common.

what to do if you are injured at a business

01

Report It

Immediately notify the manager if you’re injured at a business. Many people leave quickly out of embarrassment and may not even realize they’re seriously hurt. However, it’s important to alert the business so that they may document the accident and take steps to prevent anyone else from getting hurt.

Collect Evidence

Since the business will hopefully try to quickly correct any unsafe conditions, you should also take photos and videos of the hazard if you’re able to do so.

02

Seek Medical Attention

Putting off medical attention will only endanger your claim. See a physician as soon as possible, and make sure to thoroughly explain the cause of your injuries for your records. 

 

03

04

Make a Claim

Many reputable businesses will reimburse your costs if you give them your medical bills for your injury. Other businesses, however, may dispute the amount of damages you are claiming or even that you were hurt on their premises at all. Additionally, at places like shopping centers, there may be a question of whether the property owner, individual business, or management company is responsible.

To document your claim and identify who is legally responsible for compensating you, give us a call. Our experienced premises liability attorneys routinely handle claims throughout the Boise area and are here to help you recover. We offer free consultations, so there is no risk to you if you’re unsure of whether you have a claim. Simply contact us to find out what you may be able to recover.

responsibilities of a BUSINESS OR PROPERTY owner

01

Hazard Prevention

Premises liability is the responsibility that a business or property owner has to make sure their premises are safe. This responsibility includes taking steps to prevent potential dangers such as falling objects or exposed machinery.

Maintenance

The property owner must regularly maintain and inspect all areas that are open to the public or where the public could be reasonably expected to enter.

02

Monitoring for Hazards

The property owner is not always directly responsible for the hazard, and sometimes hazards aren’t preventable. However, property owners are responsible for monitoring their properties so that they can become aware of any hazards within a reasonable time frame regardless of the cause.

03

04

Immediate Action

Owners must also quickly correct any unsafe conditions or post adequate warnings to protect the public until they’re able to make a repair.

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COMPARATIVE NEGLIGENCE
RULE

Idaho’s modified comparative fault statute holds the defendant liable for unsafe conditions. To win compensation, you must share no more than 50% of the blame.

 

“Natural accumulation” and “open and obvious” defenses to general premises claims are no longer applicable. Under Idaho’s current statute, property owners are responsible for preventing ice and snow accumulation. They must also take reasonable steps to remove or repair obvious hazards.