When a Visitor is Injured on Your Property

There are many concerns to think about when a visitor is injured on your property, and the possibility of a lawsuit is high. Likewise, there is such a wide variety of scenarios in which people can come onto your property without permission. Who is liable when someone is injured while on your property? It can be quite a complex issue. Let's dive into the analytics of this.

The Basics

When a visitor hurts themselves on someone's property, that owner may be liable for those injuries, known as "premises liability" (the basis for every slip and fall case). The legal standing goes on the fact that property owners are responsible for keeping pathways hazard free. Those who slip and become injured from this fall can easily hold you accountable for having a dangerous environment. A premises liability claim may involve a situation where the owner created a dangerous space. For example, there are dangerous tools and materials everywhere, and it can cause the visitor to trip. There may be a situation where the owner ignored a dangerous space. Ultimately, it means there is the wiring or other material hanging out that the owner is aware of, but does not fix. It is negligence, which often happens in every personal injury case, and the primary concern is premises liability. In a premises liability case, the property's function and the reason for the visit matter.

Invitees

Those who visit your business usually intend to make a purchase or are just browsing. There are two categories for invitees: business invitees and public invitees, based on their responsibility. Businesses must take the utmost care of their visitors as they are what keep the business existing. Therefore, the law works to ensure that invitees don't face an injury.

Duties to Trespassers

Most jurisdictions still follow the traditional standard law in which a landowner owes no special duty to trespassers. However, this does not mean the landowner owes no obligation to a trespasser. A trespasser is obliged not to enter the property of another without permission. They are already in the wrong. Alternatively, one fault does not always excuse another. If a trespasser is injured, the ruling is typically based on who was more at fault for the injury; the landowner or the trespasser.

Requirements of a Premises Liability Case

Although the law is very strict about creating a safe space for visitors, there are requirements to prove a liability case. To win a premises liability case, the conditions are the same for any other personal injury case. Common tactics used to defend yourself include: Hopefully, you do have people's best interests in mind. However, litigation prevention measures such as putting up a "Caution Wet Floor" sign are more about protecting management from liability than simply safeguarding the visitor from injury.

Assumed Risk

"Assumed Risk" is a term used for activities that are inherently dangerous to visitors. Also, assumed risk can not be used for certain types of business as a defense, such as a retail chain. For instance, there is an assumed risk when using a commercial car wash or climbing on a playground. If you face this complex issue, you should have legal counsel assist you and speak with your General Liability Insurance agent to help you get through the process.

About David G. Sayles Insurance Services

At David G. Sayles Insurance Services, we help our clients decide which of these options is best for them based on their current situation and risk factors. Contact us at 1-855-977-1842 or insureme@dsayles.mysites.io for a consultation!