Premises Liability- Private Property Owner Liability
The extent to which private property owners are held legally responsible for an accident or injury sustained on their premises depends on the jurisdiction of the occurrence. Different levels of duty can exist from state to state, and considerations are made accordingly. For those involved in a premises liability-related accident, it may be in their best interest to seek the advice of an experienced personal injury attorney. He or she can help individuals understand the laws in their state as they apply to an individual case.
Common Elements
Common elements taken into consideration for determining premises liability include the reasons someone is on another person’s property. Many courts classify individuals as invited visitors, trespassers, licensees, or children when making the determination of who is responsible for damages for an injury and to what extent.
Invited visitors to property are owed a high amount of care according to the law. Business patrons are included in this category and are legally protected if they sustain injuries from hazards or negligence of property owners. Trespassers have the least protection because they are unauthorized visitors to the property. Some states, however, make owners liable for injuries if they have knowledge of a high number of trespassers entering their property and it remains in a dangerous condition or there is failure to warn trespassers of unsafe conditions. Licensees are authorized to be on one’s property, but for their own use. In these cases, property owners have limited responsibility in protecting visitors. Children are legally protected regardless of whether they are trespassing.
The term reasonable care is not defined exactly under the law; therefore judgment of reasonable actions may be left to courts. Regular maintenance and inspection of property may be greatly beneficial for helping property owners prevent injuries on their premises, and avoid the burden of a lawsuit.
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