Premises liability laws are essentially laws that make the person who holds onto land or certain areas responsible for those who are injured on it. While some cases such as slip and fall, there are some states that have these laws against accidental injury by someone who walks in and trips and falls there. the best way to handle this is to consult a personal injury lawyer.
The Possession of Premises
The term “premises” does include land or places of businesses, with the possessor being the person in charge of such.
The person who is responsible for the possession of land and premises are subject to these claims when the following happens:
- The person is on the premises with their intent to be in control of it
- They have the intent to control and nobody else has shown up
- If nobody is in control, the person is entitled to immediately occupation of such
It is possible to be in possession of something you don’t own, such as in the case of rental agreements or those types of properties.
The Duties Owed
As part of every premises liability situation, in most places it’s necessary to examine the instances in which someone entered the space where the injury happened. The nature of it may affect the holders of the property, or their duty to warn people against such.
Under premises liability law, the person who is injured is called and invitee, licensee, or trespasser. They are modified based on the different categories.
Invitees are those who are invited as an invite from the person who owns this, such as a person at a business or a person who is a guest over.
Licensees are those who are on there with the consent to control this place typically for commercial reasons. This may be expressed or implied, and typically they are responsible for knowing of the issue, but may not be the person to fix said issue as well.
Finally, the trespasser is someone who is there to enter the premises or land without permission with the intent to be min control. They enter this for their own purposes, and entry is not based upon the implied or expressed invitation.
It also isn’t required that the person who is in control of this to prove the trespasser was unlawful with intent upon entering, and usually, it’s enough to say that they, this person isn’t allowed there.
What About Public Roads and Sidewalks
It depends on the jurisdiction. In those cases, those who are typically responsible for it may be the owner of the land, or a governmental agency.
There may be those who do sidewalk maintenance, which is a responsibility that comes from common law, various legal precedents that define this, and the responsibility may come from various statutes from your average local ordinance as well.
There are special instances that come with this.
First, you have ultra-hazardous activities such as using explosives, chemicals, keeping wild animals, or anything that poses danger. In that instance, the person liable for this entity will be held strictly responsible.
If there is inadequate security as well, the person will be held liable, especially if there is a history of this, and it becomes negligence.
Finally, you have attractive nuisances, which are hazards that may be attractive, such as pools or trampolines, which is the liability of the owner, and it also applies as well to those who enter without permission, especially a child that’s a trespassory. You should talk to a lawyer though about the premises laws in your area.