What You Need To Know About Premises Liability

When it comes to the laws involved in personal injuries, premises liability cases involves injuries that have resulted by the owner of a property who has failed to maintain her or his property or warn their guests of potential hazards. Some of the more common cases for premises liability will include fall and slip cases, an assault that has occurred due to the fact that the property was inadequately secured or construction accidents that have harmed visitors.

“Duty of care” that property owners will have toward a person or people that have been injured on their property are dependent on a relationship that exists between the injured individual and the owner of the property. In the majority of states the injured individual will be in one of three categories which include:

•Invitee

This involves an individual visiting a property based on a reason which benefits the property owner and visitor in a way that is concrete. For example, shoppers to a grocery store are known as business invitees as the business benefits from the shoppers and the visitor benefits from buying groceries.

•Licensee

This is a visitor to a property that has been permitted by the owner, but there are no trading benefits between each party. A houseguest is the type of person that falls under the licensee category.

•Trespasser

Trespassers are the types of visitors that enter a property without permission.

The owner of the property will owe a different type of “duty of care” to each of these categories which include:

•Invitees, the property owner has to protect the invitees from dangerous conditions by fixing any of these conditions or warn the invitees about it. For example putting up a “Wet Floor” sign.

•Licensees, property owners should protect the licensee from dangers that he or she is aware of. However, the property owner is not required to immediately fix any dangerous conditions when finding them.

•Trespassers, property owners are not permitted to create a dangerous condition on their property for the purposes of catching trespassers. But at the same time the owner is not required to warn trespassers or fix dangerous conditions.

These cases can be rewarding and any compensation should be put into an estate plan.