Duties Of Visitors To Property Owners
A personal injury lawyer Phoenix case property owner is generally is not responsible if people get injured while acting in unexpected, dangerous or unauthorized ways.
However, there still exists an unreasonable risk of injury if a person using the premises in a typical way has an accident caused by a dangerous or faulty design, construction or condition of the premises or some combination of these dangerous factors. Using a premises in a typical or normal way can be demonstrated by an example: People leaving a party on a Saturday night are fooling around on the stairs on the way out. One of the partygoers decides to swing himself down the flight by vaulting from the handrail. Since he puts tremendous weight on the handrail it breaks and as a result he is injured. Because a handrail cannot be considered a piece of gymnastic equipment, the owner cannot be held responsible for the unusual and dangerous use of the handrail in this case. This personal injury lawyer Phoenix case will not be allowed to continue based on the typical use rule.
In short, the handrail was not meant to be used as a pole vault apparatus and such use cannot in any case be construed as reasonable. Therefore the property owner is protected from this unanticipated and atypical usage by the partygoer.
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