What is premises liability law?

Aug 27, 17 What is premises liability law?

Blog written by Barry K. Rothman.

Premises liability law, holds landlords and tenants responsible when someone enters their property and as a result, is hurt. This law is based on negligence and can be different to personal injury situations.

The most common injury is slip and fall cases, which are caused by wet floors, snow and ice, unmarked obstacles, and faulty stairs. Cases also arise due to vicious animals, open swimming pools, broken elevators, and unruly customers or guests. Plaintiffs will have to file a suit against the owners, landlords, business owners, residential tenants, maintenance companies, and or other parties that control the property.

The laws for premises liability will characterize the injured based on the reason he/she entered the premises. Plaintiffs who entered without permission are considered “trespassers.” Social guests and others who entered for their purposes are labeled as “licensees.” Finally, those who entered to further the purpose of the landowner such as a business customer are considered “invitees.” The law will award each group different levels of protection from harm.

Traditional laws state that the landowners have no legal responsibility to keep trespassers safe. However, if the owner knew that trespassers were present, and failed to warn them about dangers, they could be held liable.

Regarding licensees, the landowner has to warn them of dangers that the licensees are unlikely to discover on their own. Invitees (customers) are given the most protection. In this case, the landowners must inspect the premises and make sure it is safe for these individuals.

Blog written by Barry K. Rothman. Read Barry K. Rothman reviews online to see how this boutique law firm helps clients throughout the entertainment industry strike a fair deal.