Each person on or near their property is responsible for their safety. Neglecting to address hazards and failing to maintain the property properly are signs of negligence. They create a dangerous environment for employees, visitors, and themselves. Both residential and commercial property owners have a responsibility to create safe environments. Failure to observe this duty could lead to serious injuries that can often result in substantial compensation costs.
Important Disclaimer: This article was not written by a licensed attorney. This article was created to raise awareness about premises liability, visitor safety and accident prevention. This document is not intended to be a legal guide. Readers should consult the laws of their state and local municipalities for more information about premises liability as it applies within their community.
The majority of premises liability is attributed to property owners. However, maintenance contractors, management firms, and leasers can also be held responsible for any litigation that may arise from personal injuries sustained at a particular location.
Although it may seem daunting to navigate the waters of premises liability law, property owners should take the time to learn the basics. Any injuries sustained within the premises could lead to a costly lawsuit. Knowing your responsibilities can help you avoid events that may lead to property owners being held responsible.
What is Premises Liability and how can it be used?
Premises liability is the responsibility of property owners for certain types of torts that occur within their property. Aeelaw.com states that owners can be held liable for injuries caused by a range of dangerous conditions such as open excavations and standing water. Premises liability is the responsibility of the owner of the property for any injuries sustained by others who are present on the premises.
Three principles or tenets are required for premises liability to be applicable in any situation. These are the three principles that must be followed in order for premises liability to apply in any given situation:
- The land or premises must belong to the defendant or defendants.
- It is essential that the plaintiff be an invitee or licensee. Sometimes, even trespassers can be considered under this law.
- The owner must prove that they committed property negligence or other wrongful acts.
Each type refers to a different type relationship between the property owner and the plaintiff. These types of plaintiffs are as follows:
- Invitees refer to people who are invited into the premises for the commercial advantage of the property owner. An invitee can include customers of stores, business clients, or other patrons. The standard of care for invitees is the responsibility of their owners. In order to establish premises liability, the invitees must prove that the property was exposed to dangers they should have known about. Law requires commercial businesses to inspect their premises regularly to ensure that they are safe.
- Licensees may be invited to the premises for any reason other than commercial gain. The licensee must show all elements of the invitee and additional conditions, such as the inability to understand property dangers or their lack thereof.
- Trespassers do not have permission to enter the property. Every state approaches the question of property trespassers in a different way. This type of claim is due to a 1968 contentious ruling by the California Supreme Court, Rowland v Christian. It removes the distinction between different types plaintiffs. In most cases, California or not, courts will side with property owners and not the trespasser. Except in rare cases, owners do not have to protect their property from dangers if they are unaware of any trespassing. Many states have laws that require property owners to notify intruders about the dangers present in their property if they are aware of it.
Do not be negligent!
Safety and well-being are the responsibility of commercial property owners. Regular inspections and maintenance of facilities are essential.
Slip-and-fall injuries are the most common reason for premises liability. To protect customers and visitors, it is important to have enough floor mats. Owners can promote safety in their property by trapping moisture and debris using floor mats. This will minimize premises liability in the event that there is a slip-and-fall accident.