Premises Liability refers to the responsibility which the owner of a property in the case of any injury gotten from a resident or a visitor in the property. This can be in the form of open excavation, wet floors, standing water, slippery pavement and so on.
There is a belief that when you enter a facility that you will not be injured.
This is known as “facility responsibility.” For example, a courier delivering a package can sue for injuries if he/she slip and fall because of a fuel leak at the entrance to the car. But if the messenger in question was intoxicated or if he acted in an unsafe manner, then he may not have a valid claim.
Legal Effect of Premises Liability
In legality, property owners and residents are to be held responsible in case of any accidents which occurs at the building or property. It can be a fall or a slip which may require claims by the person injured.
In some states, the court focuses on the injured visitor’s situation to determine responsibility. But it is important to add that the occupant of a property, like the tenant of an apartment, receives the same treatment as an owner in many situations.
In many states that stop at the legal situation of the injured person, there is a tendency to distinguish only between those who lawfully enter the property (guests, social guests, authorized persons) and those who enter the property illegally ( intruders).
Conditions of the Property and Actions of the Visitor Must be Checked
In states where the conditions of the property and the actions of the owner and the visitor has been taken into account, a standard of uniform care applies for guests and authorized persons alike. In order to comply with the standard of common sense that is due to the guests or authorized persons, the owner has a constant duty to inspect the property to detect dangerous conditions and repair them or place warnings, as appropriate.
An owner can be held liable if he/she is aware of a dangerous condition, doesn’t take reasonable measures to repair that situation (or warn visitors) and a visitor suffers an injury as a consequence. However, Josh Clayton law provides you with the best alternatives for getting easier compensation.