Can You File A Premises Liability Case When The Building Code Is Violated?

November 22, 2022

All landowners and property owners are legally responsible for ensuring that their premises are safe for their visitors.

Suppose any injury occurs to the visitors while they’re visiting the property. In that case, the person who owns or occupies the property will be responsible for reimbursing the losses resulting from the injury. However, many people tend to be confused about the consequences if the building code of the property is violated. 

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Building Code Violations and consequential Injuries

Often, the building codes are violated. If the violation is insignificant, the damage or risk associated with it or not that severe. However, suppose the violation causes an injury to the visitors or residents after the property. In that case, the effective victim is entitled to file a case on the grounds of premises liability to seek justice for the damage. He or she can file the charge against the person who owns or occupies the property.

Building code violations are generally applied in two instances. The owner Or occupied of the property is legally responsible for practicing reasonable care of duty for maintaining the property in safe conditions. They must take the necessary steps to ensure that all areas with potential hazards or dangers are repaired, replaced, and warned against. 

The building owners must ensure that everyone at the property is safeguarded from any dangers that can arise from the building. If the building code violation results in a dangerous condition and ultimately an injury, the injuries can be utilized to establish that the property owner or occupier failed to exercise reasonable care to ensure safety in the building area.

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Negligence per se

Along with that, building code violations are also helpful in forming the basis of a negligence per se claim. If it is found that the owner or occupier of the property is responsible for a building code violation and the violation resulted in an injury that could have been prevented if the violation did not take place, then the owner or occupied the building can be held accountable for his negligence.

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It helps provide justice to the class of individuals protected by the building code section. Any violation resulting in an injury will be taken seriously, and the landowner will be held responsible for the resulting damages as per the negligence per se concept.

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