The moment someone steps into your property, they have a reasonable expectation that they won’t get injured in the process. This automatically gives you the mandate of ensuring that my property is safe for everyone visitor. For instance, if a courier was visiting your premises and he slipped and fell on an oil slick along the driveway, you could be held accountable for that accident. However, if that courier was intoxicated or he behaved in a manner that was likely to put him in danger at the time of the accident, then you shall be safe from any premises liability claims.
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 an 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 while others will focus on the condition of the property as well as the activities that the owner/visitor was taking part in before he met his injury.
If you occupy a premise as a tenant, you am 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 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 status of the injured visitor, 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 safe.
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 are agreeing that they shall be liable for their own injury if it occurs.
Children / Property And Premises Liability
A landlord is expected to give warning if children will gain access to his premises. He is also to state that a dangerous condition exists in 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 legal damage incurred by the injured person will be reduced to a certain percentage that will be equal to his fault. So in the event that the jury decided that he was 25% liable for his 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 injury.
Premises Liability Claims