Premises Liability

Specifics of international private law in terms of external elements.

Scarritt Law Group > Areas of Practice > Premises Liability

When someone enters a property, they are trusting that they will not get injured on the property. This puts the responsibility of keeping everyone safe in the hands of the property owner. The property owner can be held accountable if anything happens to someone on while on his property. This can vary to a minor injury such as slipping to a more major injury. Each states laws are different, courts may try to focus on the status of the visitor on the property or the actual condition of the property after the visitation.

Status of the Visitor

There are four categories a visitor can fall under:

Invitee- The owner has invited this person or customer onto the premises. Typically the owner has taken steps to ensure the safety of those invited
Licensee- Enters the property for his own purpose but at the consent of the property owner
Social Guest- A welcome visitor
Trespasser- Enters a property without the consent of the owner

For licensees and trespassers, no promise for safety has been made by the property owner.

Condition of Property/Actions of Visitor

When assessing the property and visitor’s actions, one must investigate:

The circumstances in which the visitor entered the property
The use of the property
The foreseeability of the accident that occurred
Reasonableness of the owner to repair dangerous conditions or to warn visitors about hazardous areas on the property

If an owner is aware that trespassing is occurring and there are dangers on the property, the owner needs to take steps to give reasonable warning about these hazards to the trespassers. Example, No trespassing or ‘beware of dog’ signs.

If you are a victim of a breach of contract or if you have been accused of breaching a contract, contact us today to schedule a time to talk about your legal concerns.

Status of the Visitor

Condition of Property/Actions of Visitor

If you are a victim of a breach of contract or if you have been accused of breaching a contract, contact us today to schedule a time to talk about your legal concerns.

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