Everything you should know about premises liability
Premise liability refers to any injury directly linked to a property owner. This emanates from the property owner’s lack of disclaimers suggesting possible dangers in their property. This could also be attributed to poor maintenance of the property. Some of the cases in premises liability include construction accidents, assaults due to inadequate security, slipcases among others. This article will discuss some of the issues you need to know in regards to property liability.
Categories of people whom a premise owner owes a duty of care
A premise owner owes injured persons in his or her premises a duty of care. However, the relationship between the injured and the owner of the premises defines the nature of the burden of care. Below are three main categories of people whom a premise owner owes the duty of care.
Invitee or welcomed visitors
This person benefits him or herself and the property owner upon paying a visit to any premises. For instance, a grocery seller will benefit from having groceries to sell. On the other hand, the property owner will earn some cash from the transaction.
A licensee refers to a person whom the property owner allows to access his or her premises. A houseguest is an excellent example of a licensee. This category of persons does not trade any benefit with the property owner.
A trespasser accesses any property with the consent of the owner. His or her act of trespass may be out of negligence or consciousness. However, irrespective of the latter a premise owner owes him or her a duty of care.
Duty of care to the above cases of persons
A premise owner must guarantee any invite protection while on his or her property. Failure to this, he or she must be liable to any risk that arises due to his actions. Some of the measures that a premise owner can take to ensure an invitee is free from any danger include inspecting his property, and fixing any problems that may pose a danger and ensuring security all the same. More to this, he can put a disclaimer to alert invitees on any risky areas such as wet floor slippery floor among others.
In regards to licensees, a property owner must inform the latter on any risky areas on his or her premises. Nevertheless, he or she should not fix the problems or inspect them for the sake of the licensee. Therefore, in this scenario in case of any danger, after warning the licensee he or she is not liable.
The duty of a premise owner towards trespassers is simple. He or she should not threat trespassers by putting on dangerous things on his property. More to this, it is not his or her duty to warn trespasser on any risky areas on the premises.
If by any chance you are a invitee or a licensee and you get in injured in a property, you are at liberty to file a claim. Since this is a legal matter, you also need to walk with a reputable atlanta premesis liability lawyer if you reside in this part of the country.