You see, the premises liability theory holds property owners and residents liable for damage or injuries that occur in their properties.
These claims can arise from a slip and fall incident at home to injuries encountered at the amusement park. Again, these laws are relative to the state in which they are formed. Some states will only focus on the status of an injured visitor. In contrast, others will focus on the unsafe condition of the property and the activities that the owner/visitor was taking part in before he met his injury.
If you occupy a premise as a tenant, you are treated as an equal to your landlord, and thus any injury that arises on your premises will subject you to a possible lawsuit on the same.
The costs of a premises liability lawsuit typically are covered by commercial general liability insurances, but the legal fees alone can be astronomical. The reputation of your business cannot be repaired with an insurance policy.
The Legal Status Of Visitors And Premises Liability
Those who visit residential premises often fall into three categories: Invitee, licensee, and trespasser. As for the states that focus on the injured visitor’s status, 4 different labels may apply, and these are social guest, invitee, licensee, and trespasser.
When you run a business, for example, you expect customers to come into your premises. Your customers automatically become invitees, and so the law expects you to take reasonable care by ensuring that my business premise is in safe condition.
A licensee enters your property as a social guest or for his own purpose. But the bottom line is that he must do so with your consent. Thirdly, a social guest is just someone who is welcomed into your property. And lastly, a trespasser is someone who gains access to your property without your consent, and in this case, they agree that they shall be liable for their own injury if it occurs.
Children, Property And Premises Liability
A landlord is expected to give a warning if children gain access to his premises. He is also to state that a dangerous condition exists on his property. Thus children accessing his property could face serious injuries or death.
When Both Parties Are At Fault
When solving premises liability claims, some states use what we call ”comparative fault.” This means the injured person’s legal damage will be reduced to a certain percentage that will be equal to his fault. So if the jury decided that he was 25% liable for his personal injury and the total cost of damages was $10,000, he would receive $7,500 instead.
It’s always good to seek the services of a qualified attorney when it comes to matters of premises liability claims. That’s why we’re here to help you solve these problems in court. We will take you through the process, step by step, ultimately ensuring that you get the fairest compensation for your bodily injury.
Most Common Types Of Premises Liability Claims
There are several types of premises liability law, which encompass a wide variety of situations and claims. Owners, landlords, or managers are liable if their negligence causes an accident or injury on their property. Both residential and commercial properties are susceptible to these types of claims. Premises liability claims most commonly include:
Building elements of all types can become hazardous if improperly maintained. Lighting, elevators, and appliances are all included here. It is possible that the landlord or building manager is responsible for injuries caused by malfunctioning equipment (in case of lack of maintenance), such as an elevator that drops suddenly and knocks someone over.
In addition to renting out property to tenants, customers, and employees, a property manager or business owner must provide a safe workplace. A business is scrutinized for poor security cameras, lock systems, or faulty alarm systems when people are injured in a robbery, break-in, or vandalism.
Hazards associated with slips and falls
Premises liability claims are primarily based on slip and fall accidents. A property owner or managers may fail to properly maintain sidewalks, staircases, or parking lots when they fail to maintain a property. A landlord may be liable for a fall caused by snow or ice, wet floors without warning signs, or misplaced cords.
Dogs that are not restrained: Property owners are responsible for keeping their dogs restrained, especially if the animal shows signs of aggression. The owner is responsible for any damage that the dog causes if the dog isn’t properly trained, there is no fence, or the dog isn’t leashed.
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