Understanding Who Is Responsible in Premises Liability
If you are a homeowner or a non-owner resident, it is your legal responsibility to ensure that the environment of your premises is as safe as possible. It might be difficult to understand who is responsible if an accident occurs on a property whether it is a guest or a package deliverer who slips and falls on an icy driveway.
What “Premises Liability” Encompasses
This area of law is referred to as “premises liability” and essentially holds property owners or residents liable if an accident or injury occurs on their property. The type of incident that occurs can range from an individual tripping over a toy that has been left on the lawn to a child getting hurt while playing on equipment in a public park. Not every injury or accident that happens falls under premises liability. If a man trips and injures his knee while walking on a public sidewalk and it is discovered that he was intoxicated during the time of the injury, it is probable that the city would not be held responsible.
Factors Courts Might Take Into Consideration
Whenever a court is assessing a premises liability case, they will most likely take specific factors into consideration, such as the overall condition of the property and the extent of the injuries that were suffered. They might also consider whether the homeowner reasonably attempted to repair a dangerous condition or to warn visitors, or what the specific reasons were that the visitor entered the property in the first place.
Premises Liability May Differ by State
Deeming who is responsible under premises liability laws may be hard to determine without an expert opinion, especially since each state operates under different rules and might approach the matter in varying ways. For example, if a person from Texas slips while walking through a department store where an employee has just mopped but neglected to display the wet floor sign, the case might be handled completely different than if a child trips over debris left from a construction site on a public sidewalk in Nevada. In this specific scenario, a slip and fall attorney in Las Vegas would be able to explain what options are available to the child’s parents in order to receive the appropriate medical treatment.