Understanding Premises Liability for a Home and Business
Michael Babboni
Premises Liability
Many legalities may come up at some point in our lives if we own a home or business. Premises liability is just one legal concept that may come into play in light of a personal injury case in which the injury was caused due to unsafe, neglected, or defective conditions on someone’s property.
Types of Premises Liability Cases
Most personal injury cases are typically due to the negligence of a person, and when you learn a bit more about premises liability, you will see that it is no exception. However, to successfully win a premises liability case, you and your personal injury attorney will have to prove that the property owner was indeed at fault and they failed to exhibit reasonable care regarding their property and the condition of their property.
The following personal injury cases may very well also be considered as a premises liability case:
Slip and Falls
A slip and fall can occur in a number of different locations. For example, it could be a slip and fall in a retail store or even tripping on a sidewalk. Accidents like these can occur in either a residential area or home or a business and commercial locale.
However, it is up to the injured party to prove a premises liability case. Was the fall something that could have been avoided if the property owner had acted as they should have to ensure a safe environment?
Slip and falls can easily be caused by defective staircases, wet or oily floors, hidden or haphazardly placed extension cords or wires, and loose or broken floors, steps, or sidewalk. Even someone tripping over a rug that the owner had failed to secure can result in a premises liability case.
Snow and Ice
Maybe a homeowner or business failed to shovel and salt the walkway in front of their property, and as a result, someone falls and becomes injured. Can it be proven that there was an inadequate amount of maintenance and upkeep being performed on the property? If the accumulation of ice and snow on the property led to the injuries of a person at the property, then the injured party may be able to seek damages for the owner’s negligence.
Dog Bites
Dog bites can also fall into this category because the dog could bite you on a person’s property. The case here would be to establish unsafe conditi9ons on the property and the presence of what could potentially be deemed a dangerous dog.
Property Owner’s Duty of Care
The Duty of Care simply refers to the owner’s actions and ability to exercise a reasonable amount of care in their ownership when it comes to maintaining their property and respecting anyone that may come in contact with said property.
The Duty of Care is a legal obligation and should not be taken lightly. For property owners, the duty of care extends to those who come onto the property, invited or not. For a business, the customers and visitors should be treated with care as well. However, a trespasser in either situation will not fair as well as the others.
Whether you are a property owner or a business owner, you need to ensure that the property is maintained and in proper working condition at all times to avoid any instances of an accident occurring on the property due to negligence.