QUESTION
Can I hold a company liable if I was injured on their property?
Asked on Aug 30th, 2011 on Personal Injury - Oregon
More details to this question:
I was riding bikes with the family in a new business park at dusk/ We were driving into parking areas to see the new business in this park, when I proceeded to drive into the parking lot between two large highway cones (the ones used to keep vehicles out of areas) as I went through these cones I didn't see the rope attached to the light poles on either side, I received extensive rope burns up my arms (where the rope met my body) to my elbows, my arms look deformed now. My question is although I saw the cones, I didn't see the rope, I thought the cones were to keep vehicles out.
12 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I don't see any liability on the part of the landowner.
Answered on Jul 09th, 2013 at 1:36 AM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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You ask about holding a company liable because you were on their property. In reality, whether any injury was caused by the negligence of another person is based on facts, circumstances, evidence, witnesses and evaluation of the facts, evidence and law by an independent third party a jury or a judge. Where it took place is just one of the total factual information to be obtained. Please hire a contingent fee lawyer experienced in personal injury cases and allow your lawyer to address your concerns. There is an open and obvious defense that often cruelly takes away otherwise valid claims.
Answered on Sep 02nd, 2011 at 4:55 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I think a jury would blame you more than the other possible defendants. In Montana, if the plaintiff is more careless than the defendant, no recovery is allowed. Were you riding your bike without a light? That would definitely tip the balance against you.
Answered on Sep 01st, 2011 at 8:08 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Sep 01st, 2011 at 10:53 AM
From your stated facts, it is not clear whether you were a trespasser and directly caused your injuries by not seeing and adhering to the precautionary measures taken by the business park. However, the owner of the business park can only be liable for your injuries if there was negligence,and that negligence was the direct cause of your injuries.
Answered on Sep 01st, 2011 at 10:36 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A property owner can be held liable for known hazards that could forseeably result in injury. So, you would have to claim that the property owner should have known that you were going to run into that rope. Meanwhile, the landowner can claim that this was your fault for going into a place where you weren't supposed to go and failing to see the rope.
Answered on Sep 01st, 2011 at 10:09 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You were on a vehicle. There is also the open and obvious rule at play. If the defect was open and obvious you should have been able to see and avoid it. I don't think you have much of a claim.
Answered on Sep 01st, 2011 at 10:09 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You will have to show that you were not at fault for causing the accident. The defendant will claim you should not be riding in the area, if it is too dark to see the rope and that you were trespassing. You should discuss with a lawyer who handles these types of accidents.
Answered on Sep 01st, 2011 at 9:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't think the company would be liable. You would have to show that the company was negligent, and a jury would have to conclude that placing the rope as they did was unreasonably dangerous to the public. If it was forseeable that the public might be riding bikes there at night, a jury might conclude that it is the company's fault. Perhaps they should have hung something on the rope to make it more visible at night.
Answered on Sep 01st, 2011 at 9:54 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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You or your attorney can certainly contact the company and see if they will accept liability. I'm sure that you are aware that if the insurance company doesn't accept liability then if you still believe that they are liable you should contact an attorney, if you hadn't earlier, to consider pursuing litigation. Naturally you should take pictures now of your injuries and the scene where you injured yourself. Good luck,
Answered on Sep 01st, 2011 at 7:31 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Your potential claim against a property owner depends on your status when you enter that property. Given that you were not there to do business, you likely would be considered a "licensee." That would entitle to warnings about the rope. Practically speaking, the strength of your case would depend on how visible the rope was, the severity of your injuries, etc. You should speak to a lawyer about the details of your potential case.
Answered on Sep 01st, 2011 at 5:11 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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While you can sue the company, your recovery would be significantly reduced because of your negligence and because you were technically trespassing on their property and assuming risk. Your injuries, while painful and ugly to look at, also do not warrant a huge monetary recovery. If you want to spend time on this, file a small claims suit against the company who put the rope there, not necessarily the same company who occupies a business in the park.
Answered on Sep 01st, 2011 at 5:11 AM