Determining landlord liability in wrongful death cases

| Jun 6, 2018 | Premises Liability

If an individual is injured or killed while on someone else’s property in New Jersey, the owner of the property could be held liable for damages in a premises liability lawsuit. Based on this theory, the parents of an 18-year-old who died after consuming ketamine filed a suit against the owner of the North Dakota home where the substance was consumed. They argue that the landlord should have exercised greater control over the house and those who lived there.

The lawsuit specifically states that the homeowner could have warned guests that one of the occupants engaged in drug activity. However, an individual should also be aware that using drugs is a dangerous activity. It’s possible that the homeowner could have called police or taken other steps to intervene to stop drugs from being brought onto the property. It’s important to note that it’s uncertain whether the home was actually leased to the individual who was said to have engaged in drug activity.

Furthermore, it’s not known whether the homeowner knew about or took steps to facilitate drug use or other activity on the property. Therefore, it’s hard to say whether he would have been negligent in not preventing conditions to exist that led to a person’s death. According to the North Dakota Supreme Court, the law ultimately does not make the homeowner liable in this case.

To obtain a successful outcome in a premises liability case, it’s generally necessary to show that negligence occurred. It’s also generally necessary to show that a duty of care existed that was breached. An attorney may review evidence in a premises liability case to determine if negligence occurred and a duty of care was breached. This evidence could help lead to a favorable outcome for the victim.

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