Premises Liability Laws

Premises liability is the term used to describe the legal responsibility of property owners. While the actual laws vary from state to state, they all generally boil down to one thing: if someone is injured on your property, you will be financially responsible for the harm incurred. This applies not only to owners of businesses open to the public, but to private home owners as well.

The most common incidents that result in premises liability law suits are somewhat infamously known as slip-and-fall accidents. There's no doubt you're familiar with the scenario in which this type of accident occurs: elderly woman is grocery shopping when she turns the corner and slips on a spilled jar of pickle juice that the store management negligently left unattended to. Alternatively, in another scenario, a town experiences a severe freeze, while the downtown store front neglects to remove the ice from the store's entrance; as a consequence, someone slips and gets seriously hurt.

While there's lots of jokes and bad buzz about slip-and-fall cases, as you can see from the above examples, there is undoubtedly validity to the claims of those who are injured in these accidents.

When someone is hurt on your property, the level of liability on your behalf depends on the status of your relationship with the injured person. Status is divided into three legal categories of: invitee, licensee, and trespasser.

An invitee is a person you have welcomed to your property as a guest. For example, your friends that you invited over for a social gathering fall into this category. Individuals that fall into this category are most protected by law, and consequently, you carry more responsibility for their personal safety.

A licensee is someone who is on your property for a specific, warranted reason. Typically, individuals that fall into this category are contractors or servicemen that have been hired to perform a repair or other maintenance task. The duty of care for property owners owe this type of guest is not as demanding as it is it for invitees, but more so than the final category.

The final type of status is trespasser. Trespassers are people who are on your property without your permission. Although they are unlawfully on your property, this does not mean that you cannot be liable for their injuries. However, the duty owed to trespassers is significantly lower than that of the other guest statuses.

If someone is injured on your premises, whether it is a close friend or unknown stranger, there is a good chance that a lawsuit will be filed. It's not necessarily because the injured person wants to sue, so don't think you're assets are safe just because you're dealing with a friend. The reason behind this is that the person's insurance company will try to avoid paying for the injury's medical costs if possible. This means they go after you. This is why you should always take it very seriously if someone is hurt at your home or place of business. If this does occur, the best way to protect yourself and your financial assets is by consulting with a civil litigation or personal injury lawyer.