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Roger, Attorney
Category: Business Law
Satisfied Customers: 31681
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own a business 2 yrs ago a lady slip on the location of the

Customer Question

I own a business 2 yrs ago a lady slip on the location of the property were we service there lanscape.The water valve of the irrigation was stuck and because of that it kept watering all night and this lady felt. I was call upon the incident and I replace the valve. Am I or the company responsible for this incident.
Submitted: 7 years ago.
Category: Business Law
Expert:  Roger replied 7 years ago.
This is a premises liability issue, which holds the business owner to the highest standard of care in protecting the public while on its premises.

The general rule is that the owner must inform/warn the public of any condition he knows or should know within a reasonable time. If you can prove that you didn't know this existed, and that you should not have known, yo have a defense.

Customer: replied 7 years ago.
<p>I dont understand your answer. Am I in fault because this incident happen during the night and in the morning I was call upon. </p>
Expert:  Roger replied 7 years ago.
<p>There is no clear cut answer. In law school, these were known as "banana peel" lawsuits. This is a good way to gauge liability - if the banana has been there a while, it will be brown and gritty, which means the business ower knew or should have known about the unsafe condition. However, if the banana peel is yellow and fresh, it is likely that the banana peel has not been there very long, which establishes the business owner has not had enough time to find out and remedy the situation. </p><p> </p><p>The person that was injured will have to prove that you knew or should have known of the dangerous condition in order to be successful </p>
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Customer: replied 7 years ago.
ok adam. thanks. I will use you for more questions. So i will pick you directly to answer any questions i have....
Expert:  Roger replied 7 years ago.
Great. Glad to help. You can enter your additional questions in this line of questions, or start a new entry.
Customer: replied 7 years ago.
<p>I will get back with you soon,</p><p>thanx..</p>
Expert:  Roger replied 7 years ago.

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