What Is Premises Liability?

What Is Premises Liability?

What Is Premises Liability?Premises liability laws hold land and property owners legally responsible for accidents and injuries that occur on their property as a result of unsafe conditions, poor property upkeep, or any other act that leads to failure to ensure the safety of individuals on the premises. Slip and fall accidents are the classic example of a […]

via The Personal Injury Blog – The Injury HelpLine:

Premises liability laws hold land and property owners legally responsible for accidents and injuries that occur on their property as a result of unsafe conditions, poor property upkeep, or any other act that leads to failure to ensure the safety of individuals on the premises.Slip and fall accidents are the classic example of a premises liability case; however, a variety of other injury claims also fall under the purview of premises liability law. Examples include dog bites / animal attacks, construction accidents, security negligence, wrongful death accidents, assault and battery, accidental drowning, occupational injuries, broken bones, and many others.According to the U.S. Department of Justice, compensation for premises liability cases is among the highest of any damages awarded in the U.S.; nearly $4 billion dollars are spent each year to compensate victims who sustain premises liability injuries.The basic principle of a premises liability case dictates that a property owner is liable for accidents and injuries that occurred to the plaintiff while he or she was on the property; however, the extent to which an owner can be held liable varies depending on the nature of plaintiff’s presence on the property. For most jurisdictions, this is established by determining if the plaintiff was a licensee, an invitee, or a trespasser.Licensees are individuals who enter a property for some purpose other than commercial business, such as social guests or onlookers at a parade. When injuries occur to a licensee, the property owner is only liable if he or she knew of a dangerous condition, realized it presented an unreasonable risk, failed to make efforts to remediate the condition or warn the licensee, and the licensee was unaware that the dangerous condition was present.Invitees are individuals who were invited (either expressly or implied) into or on the premises for the commercial benefit of the owner. Shoppers in a grocery store, patrons at a restaurant, and customers in a bank office are all examples of invitees. Property owners must exercise the highest degree of care to invitees, as they are bound to protect them from harm due to unreasonable dangers on the premises.When a person enters a property without an expressed or written invitation, he or she is a trespasser, regardless of whether or not their intent for entering the premises was unlawful. In such cases, property owners are often not liable for injuries that occur to trespassers, since they are not present to inform the individual of potential dangers. When property owners are aware of trespassers, they are only required to exercise ordinary caution.These classifications can be hard to determine in a situation where the status of the plaintiff (i.e., licensee, invitee, or trespasser) is unclear. Determining this information is a vital first step in pursuing a premises liability claim. …

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The Personal Injury Blog – The Injury HelpLine

What Is Premises Liability?

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