Determining Responsibility for Premises Liability
There are those times when someone has entered your property and ended up getting hurt. As the property owner, you are responsible for ensuring that the property offers a safe environment to minimize the risk of any injury. For example, if a person is delivering a package and slips and falls on an oil patch in the driveway, they may have a premises liability claim. Or, if you have a swimming pool and a guest drowns, you could also be liable.
Premises Liability Law
The theory behind premises liability holes residents and property owners are responsible for any accidents or injuries. These can be residential or commercial properties, so if these accidents happen at an amusement park, restaurant, or store, you, as the owner, could also be liable.
The law related to premises liability looks at invitees, social guests, licensees, and trespassers. You need to understand what these mean before filing a premises liability claim:
- Invitees are invited onto the property, and the owner must ensure the premises are safe.
- Licensees and social guests enter the property for their purpose and are allowed there by the owner.
- Trespassers have no right to be on the property so the owner has not made any promises that there will be a safe environment for someone who has not been invited and is most likely considered unwelcome.
Different states have various criteria that they use to determine premises liability, including the condition of the property as well as what the owner does and has done. Facts, such as how the visitor entered the property, what the property is used for, the foreseeability of the accident that occurred there, and what type of effort the owner made to repair or warn others of any dangerous conditions, are also considered.
About trespassers, the owner must know if it is likely or not that their property will attract them. They may or may not be liable in terms of whether they provided reasonable warning in the form of posted signs about the potential dangers associated with trespassing on that property.
Premises Liability Lawyer in Baton Rouge: WFCW
If you need help understanding your rights about a premises liability injury, it is recommended that you seek the consultation of an experienced attorney who can provide a free analysis of your situation. This will help you determine if you should pursue further action to receive proper compensation for your injuries.