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"Premises Liability And Duty Of Care"

By: Art

Premises liability basically comes down to whether or not the owner took enough care in making sure that people don't get injured. In the end, this is very subjective and depends on a couple predefined rules. This is true for all liability no matter the premises: commercial, public, or private.

In all situations, there are at the least two duties of care that are considered. These two are the owner's and the visitor's. When it comes to premises liability, the duty of care can sometimes extend to the business owner, landlord, or property manager.

When walking onto someone else's property, you are obligated to act in a manner that is safe for you as well as the owner. This means you have to be willing to stay away and out of danger and do what a reasonable person would do to avoid any type of danger that crosses your path.

The owner of the property also has a duty to keep all visitors safe by providing an environment that is safe and well kept. This includes following the building code and keeping the environment up to the code. These building codes are the few defined laws that are usually referred to when it comes to "slip and fall" accidents.

The owner of property must keep the space clean as well as obstacle free. There isn't some outrageous expectation, but it has to be able to meet some common requirements. For instance, all spills have to be cleaned up so no one has the chance of slipping and falling. Objects on the floor must also be picked up so no one trips and falls because of them. Any damage that occurs to the floor or floor coverings is seen as dangerous, so this also affects the premises liability.

With this, like most things, there are exceptions. The law is able to recognize that spills can only be cleaned up so quickly. This same rule applies for objects that might have fallen or broken flooring. When an immediate cleanup is not possible, the owner is expected to put up a caution sign clearly visible to any visitors.

When you step foot on someone else's property, it is the visitor's duty of care to look for any obstacles that might be ahead that haven't been taken care of. When walking in the rain especially, you should always be looking out for any wet, slippery surfaces. The same is true when you are visiting a kitchen, pool, or any place else that liquid could have spilled. Visitors have to avoid slip and fall injuries when walking. This means not running or moving in a reckless kind of way.

Because of this shared duty, often the premises liability and the visitor's liability cancel out each other. The bottom line is that with slip and fall injuries, the injured person can only seek costs for damages if he/she was not negligent. In most states, if the premises liability was extensive, the negligent visitor can often get partial damages for the accident.

About the author

About Author:
Injury-Settlement-Guide.com teaches injured people how to protect their rights and obtain fair compensation for their damages. Learn more about personal injury and liability at this page on the free educational website: www.Injury-Settlement-Guide.com/personal-injury-lawsuits.html

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