You definitely landed on this article because you are interested in finding out more about premises liability, right? Say no more. Premises liability involves a landowner or a property’s official resident being held liable for injuries on the property. Additionally, premises liability affects more than just the property owner. As it can also impact a renter, such as an apartment tenant.
When it comes to premises liability, each state follows different rules when someone gets hurt on the property. Some states consider the status of a person visiting a property as a major determinant in establishing liability. On the other hand, other states concentrate on the state of the property and the actions of the owner and visitors.
In general, the property owner and all occupants owe a duty to keep the property safe for all visitors at all times and make necessary repairs. This duty, however, does not include trespassers for obvious reasons.
At the end of the day, it is in every property owner’s best interest to seek out reputable premises liability attorneys like Craig Swapp and Associates to help them comply with safety standards. This article sheds light on some of the most frequently asked questions about premises liability.
1. What Is Premises Liability, Exactly?
In personal injury cases, premises liability refers to when a person is hurt due to a hazardous situation on someone else’s property. If the property owner has not maintained adequately safe conditions, they will be held liable. Premises responsibility includes who will visit, utilize, and inhabit the property and what the property is used for.
However, when someone is injured due to obviously imminent danger, the property owners are spared liability.
2. What Are the Most Common Types of Premises Liability Cases?
When individuals enter another’s property legitimately, they expect it to be kept in generally safe conditions.
Unfortunately, property owners and managers do not always take the required precautions to keep their property safe. Some examples that may result in a premises liability claim include poorly maintained stairways and railings, pet owner negligence, ice and snow accumulations on walkways, and other scenarios.
3. What Does This Mean for Me as a Property Owner?
It means doing routine checks to ensure safety. For instance, dealing with snow and ice. This is one of the most important ways for property owners to keep their property secure. Property owners cannot simply let snow and ice collect and claim how “its slipperiness should be common knowledge” to avoid legal liability. If there is snow or ice on the ground, the property owner shall take precautions to keep the property safe.
Business owners share the same obligation for ensuring that their establishment is reasonably safe for visitors.
4. Is Insurance Coverage for Premises Liability Cases Available?
The answer is yes. And it is critical to have property insurance, whether for your home or for your business, such as commercial general liability insurance. In most cases, these policies will provide coverage for injuries that occur on the property.
Suppose the property owner is found to have been negligent by failing to ensure the property’s safety. In that case, the insurance company will pay for the injured person’s damages. Medical expenses, wage loss, and pain and suffering are typically what the damages cater for.
5. Which Steps Should I Take if I Get Injured on Someone Else’s Property?
Consult with an attorney as soon as possible to determine whether you are eligible for compensation. This is because the conditions on the property may be difficult to identify or recreate if you don’t speak with an attorney with experience in premises liability immediately. Engaging the services of an attorney specializing in premises liability gives you a better chance of dealing with your injuries in the most effective manner.
Be on the Right Side of the Law
Whether you are a property owner or an official resident or simply walking through someone’s property, it is essential to follow safety protocols. Not only will it spare you the hassle of facing a claim, but it will also ensure everyone’s safety leading to harmonious living.