Some tenants have problems with maintenance during the holidays. This can be due to vacation scheduling or holiday absences. As a result, injuries may result because of neglect or because the maintenance staff is not following up, as usual, on repair or maintenance requests.
Preventive Maintenance: The Key to Reducing Liability Claims
One of the best ways building owners can reduce premises liability lawsuits is to practice preventative maintenance. This should be ongoing all through the year. However, some maintenance activities may be overlooked during the holiday season, especially during Thanksgiving, Christmas, and New Year’s.
The goal of preventive maintenance is to prevent malfunctions, building failures, or decay. Maintenance professionals anticipate potential problems, addressing them before they become major issues. Not only does the activity extend the quality of a building, but it also safeguards the occupants.
Examples of Preventive Maintenance
Examples of preventive maintenance include the following:
- Cleaning the gutters to prevent leaks or overflow.
- Servicing electrical and mechanical devices and equipment.
- Clearing sidewalks and steps of ice and snow.
- Cleaning and servicing ventilation, heating, and AC units.
- Performing general maintenance inspections.
- Inspecting and lubricating machine parts and components.
Besides residential buildings, preventive maintenance may also extend to owners who own industrial sites or manufacturing facilities. Both these types of buildings may also lead to the filing of a personal injury lawsuit or premise liability claim.
Other Reasons for Accidents
In addition, building owners may be held liable for accidents if their building is made of low-grade materials. Accidents spike as well when unskilled employees handle maintenance or repair requests. The following information further elaborates on the causes.
Low-Grade Construction Materials
If low-quality building materials are used, accidents can result. That is why high-quality materials should be used for both construction and repairs. Buildings made with low-grade materials are more susceptible to deterioration and additional wear and tear.
Moreover, poor workmanship, especially in low-cost housing, can lead to liability claims at a later date. The Building Research Establishment (BRE) reports that 90% of construction failures happen during the design and building stages.
Examples that Lead to Poor Workmanship
Some of these problems include:
- Inadequate communication and details
- Failure to verify building details
- Poor checks and quality controls
- A lack of technical skills or experience
- Poor feedback during a project
Because of the above issues, complaints often arise about building flaws and defects.
Hiring Unskilled Maintenance Workers
Some building owners may hire unskilled maintenance workers during the holidays to replace their regular workforce. For instance, an employee who is not used to work may leave debris or materials lying in an unattended area. This can cause someone to slip and fall or seriously hurt themself.
A building owner should make it a policy to only hire skilled maintenance employees. Otherwise, they could be facing a personal injury claim.
Getting Compensation for a Personal Injury
If building owners are not diligent about maintenance, then they may owe tenants money for this type of oversight. If you have suffered an injury on public or private property, you may need to contact a premises liability lawyer about your complaint. Often these issues are directly related to a lack of preventive maintenance or repair oversight.
Why Injuries Frequently Happen
A building owner is obligated legally to keep their building safe. The following are specific reasons for personal injuries:
- Items scattered in a common area or the parking lot
- Slippery or wet pavement
- Poor swimming pool upkeep
- Cracked concrete or sidewalks
- Collapsed walls
- Lack of handrails
- Shoddy construction
Showing Negligence in a Premises Liability Case
In some instances, it may be difficult to determine who is at fault for an injury. To make sure a client has a case, a premises liability attorney will need to show negligence. To do this, they must show the following:
- The property owner had a legal obligation or duty of care. In other words, they were responsible for keeping their premises safe for both tenants and visitors.
- The defendant breached this duty of care by not upholding their obligation.
- A foreseeable hazard led to an accident, and the party who was responsible did not address the repair.
- The injured party, as a result, experienced financial losses in the form of medical bills or non-economic damages, such as pain and suffering.
Usually, if you file a claim with the property owner’s insurance company, you will not get a fair settlement. This is because the insurer is seeking to settle the claim, so they gain an advantage.
Call Us Today to Speak with an Atlanta Premises Liability Lawyer
If you want to receive the compensation you deserve, you need to speak to a personal injury attorney who oversees premises liability claims. To learn more about your rights, contact the legal firm of Slappey & Sadd, LLC. Call (888) 474-9616 right away.