What Duties Does A Property Owner Have When It Comes To Premises Liability Claims?
What Are The Duties Of A Property Owner?
To put it simply, property owners must maintain a safe property for the good of everyone and to prevent anyone from being injured or having any harm caused to anyone on that property, so the duty is quite extensive. Depending on the type of property, whether it’s a residential or apartment, whether it’s a business, all those things create responsibilities for the person that’s in the business of whatever business they are in. The more complicated the establishment, the more responsibilities the owner will have, the more dangerous of an activity going on in the establishment, the more responsibility that an owner should have, especially if invited guests, which are called invitees under the law, are brought onto a property.
What Are Different Classifications Of Property Entrance?
The classifications are, if you’re referring to the legalese terms for a person, you could divide it between invitee and licensee; however, for general public purposes, if you are welcomed into any property, whether explicitly, which means I open my house to you, or whether implicitly, which means I open my business to you, you have a legal responsibility to the community to provide a safe place.
What Are The Elements Of A Premises Liability Lawsuit Brought By An Invitee Or A Licensee?
The elements are the same for both. Again, the only issue becomes whether or not that person was implicitly or explicitly invited into the premises and as a result of that invitation, the owner of said premises failed to provide a safe place free of harm to that individual and, as a result of that, that individual became seriously injured, catastrophically injured, killed, maimed, all those things could occur if premises aren’t kept safe.
Who Is Considered A Trespasser And What Duty Of Care Is Owned, If At All, To A Trespasser?
There generally is no duty of care owed to someone that is uninvited as a trespasser; however, there may be a criminal duty of care and you can’t try and hurt a trespasser purposely but other than that, there is no responsibility for somebody who is trespassing on your property, who is not there legally.
Under What Circumstances Can A Property Owner Be Liable To A Trespasser Or Can They At All?
They can be liable if a property were to be booby-trapped or something of that nature which would cause serious bodily injury and even though the person was a trespasser, you have a right to keep your property safe, you do not have a right to injure someone else in order to keep your property safe. That would be the only responsibility.
If you have questions regarding Trespassing and Premises Liability Claims, call the law office of Alexis Izquierdo for a free initial consultation now at (305) 985-7800 and get the information and legal answers you’re seeking.
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