Premises liability is the area of law that requires the owner of a property to provide a safe environment for visitors to their property, often referred to as a “duty of care” owed to individuals that lawfully visit the property. Additionally, property owners are to be held responsible for injuries suffered by visitors to their property. These injuries can result from dangerous conditions, faulty maintenance, equipment malfunctions or failure to provide adequate security.
For the purposes of assessing liability and responsibility, visitors to a particular property or premises are defined in three ways: invitees, licensees and trespassers. Invitees are individuals that either have a direct or implied invitation to visit a property, such as going to a place of business that freely solicits visitors for the purpose of commerce. Licensees are visitors that are on a property without a commercial or business purpose but with the permission of the owner, such as a guest in someone’s house. Trespassers are individuals that are on the property with the knowledge of the owner but without the expressed permission of the owner. In the case of trespassers, the property owner is not liable for injuries resulting from natural hazards, but does have a duty to warn a trespasser of man-made hazards such as electric fences or equipment designed to potentially damage a vehicle. If the trespasser is a child, however, then the property owner has an expanded responsibility due to the fact that a child is probably not as aware to potential danger as an adult.
Premises liability cases can fall into several categories; the most common are:
If you have been injured on a property owned or maintained by another party, you may be due compensation. Find out by calling The Law Offices of Buddoo & Associates (404-870-3557) or submit our online contact form.