What is a dangerous condition?
A property owner is responsible for dangerous or hazardous conditions the he knows about, should have known about, failed to correct and/or about which he failed to warn. The danger or hazard may be known to the owner such as flooring, or a staircase that requires maintenance. A dangerous condition might be hidden, but one which the owner should have known about through the exercise of due care. For example, if the premises owner did not know about the dangerous condition, but should have known about it through routine maintenance and repair, liability may be imposed upon that owner. If the owner actually knows of the dangerous condition, his duty to protect others from that danger may require the owner to eliminate a known danger or exclude persons from the area of the known danger. Exclusion can be accomplished by creating a barrier, fence, gate, or wall.
Although a dangerous condition might be hidden, if it is one that the owner should have known about (through the efforts of due care), then he or she may be held liable for any injuries that the dangerous condition may cause. For instance, if the property owner had no knowledge of the dangerous condition but should have been made aware of it through routine maintenance and premise, then the owner is responsible. If the property owner was aware of the dangerous condition, then it is his or her responsibility to ensure that others are protected from harm by removing the danger or excluding individuals from going into the area where the known danger is. (i.e., putting up a fence, gate, wall, or other barrier, or posting signs. A property owner is responsible for dangerous and hazardous conditions that he or she knows about or should have known about but failed to correct and/or failed to have proper warnings of the dangerous condition.
Although a dangerous condition might be hidden, if it is one that the owner should have known about (through the efforts of due care), then he or she may be held liable for any injuries that the dangerous condition may cause. For instance, if the property owner had no knowledge of the dangerous condition but should have been made aware of it through routine maintenance and premise, then the owner is responsible. If the property owner was aware of the dangerous condition, then it is his or her responsibility to ensure that others are protected from harm by removing the danger or excluding individuals from going into the area where the known danger is. (i.e., putting up a fence, gate, wall, or other barrier, or posting signs. A property owner is responsible for dangerous and hazardous conditions that he or she knows about or should have known about but failed to correct and/or failed to have proper warnings of the dangerous condition.
