Premise liability is a legal term or theory, which makes property owners legally responsible for certain torts that happen on their premises. This might be injuries or accidents resulting from a fall, slip, or a brick falling on you from your residential area, bar, zoo to walking on the street.
As this law is diverse, depending on the procedures and laws of each state, Redkey Gordon Law Corp in Sutter Creek will help you to understand your unique legal claim, rights, and help you to get the necessary legal redress.
It is important to note that in many instances a tenant or an occupier of land, whether for residential or commercial purposes is always treated as the landowner. For instance, if an accident happened in a spa, the operator of the spa will be the defendant in case of a suit and not the landowner.
Determinants of Premise Liability
In some states, the courts will focus on these factors to determine the liability;
· The activities or negligence of the visitor and owner.
· The condition of the property.
· The legal status of the injured person.
Redkey Gordon Law Corp in Sutter Creek has established that in determining the legal status of the person injured, the court will find out whether the individual was an invitee, a social guest, a licensee, or a trespasser.
Furthermore, in determining the condition of the premise and actions of the visitor, the court will find out if there was reasonable care for the safety of a trespasser or visitor.
This is done by examining;
· The foreseeability of the injury that happened.
· Circumstances under which the person entered the premises.
· The use to which the property is put.
· The reasonableness of premise owner to warn visitors or repair the building.
In situations where there are probable reasons to believe that children or trespassers might get into a property, the owner is charged with a duty to reasonably warn with intend of preventing any injury.
Moreover, the court also determines if there was comparative fault. This arises in cases where it can be proven that the visitor did not exercise reasonable care. In such situations, if the visitor is at fault, the damages are reduced to the extent of the negligence of the visitor.
Exceptions or Special Rules for Landlords and Lessors
The general rule is that a lessor is not legally responsible to lessee or anybody for any harm or injury as a result of the condition of the premise. This is because the lessor has relinquished the control to a lessee, however, there various exception to this clause.
Therefore, if you need an attorney to help out with any premise liability issue, consider Redkey Gordon Law Corp in Sutter Creek. We help you to know your rights, advice on the best option to take and help you get the necessary damages by giving the best attorney.