There are a number of liability laws that dictate the way in which people and businesses can be held accountable for their actions. In the case of premises liability law, fault can be found with a business or individual for damage or injury incurred while on someone else’s property. This includes thins like “slipping and falling”, violent attacks, or robbery if the security was an issue.
Where Premises Liability Comes Into Play
The idea of premises liability can come into effect in any number of situations. The most common is the slip and fall case, which may seem like a simple case, but can often be hard to prosecute depending on the situation and the state in which the case is filed. In many cases, it is nowhere near straightforward.
To start with, the possession of the premises needs to be established. This is done if the person is in occupation with the goal of controlling it, or if the person is entitled to occupy the land and no one else occupies the land. In addition, it is important to determine if the plaintiff was an invitee, trespasser, or licensee. Each category will result in different levels of liability.
Plaintiff Status
Someone is an invitee if they are asked to enter the premises by the owner for a commercial benefit to the owner. The invitation can be express or just implied (as in the case of a restaurant or store). The possessor of the premises is obligated in most cases to provide safe conditions. The possessor should need to periodically inspect their property and warn any invitees of potential dangers if they exist – such as a wet floor or icy sidewalk sign.
A licensee is someone who is invited onto the premises for non-commercial purposes. Social guests are considered licensees and the possessor is considered liable if they knew or should have known about a danger on the property or if they failed to try and keep it safe. The third category, trespasser, is generally exempt from being able to hold a possessor liable as they were not permitted or invited onto the property.
This article is not legal advice. Please contact your lawyer for assistance with all legal inquiries.
Want the inside scoop on premises liability law? Visit Weinstein-Law.com based in Florida for more information.