Owners and operators of any type of business need to be wary about premises liability. It serves as the basis for a variety of legal actions, and it can result in a very costly damages award or settlement agreement.
The Fundamental of a Premises Liability Claim
Premises liability is a common component of a negligence claim. A person who owns or is responsible for maintaining premises has a duty to keep the premises in a reasonably safe condition. If someone is injured or sustains property damage due to an unsafe condition that was known to the premises owner or operator or should have been known, that party can bring an action for negligence.
Not All Premises Liability Claims Prevail
People and entities are not strictly liable for accidents occurring on their premises, so there are many possible defenses to a claim grounded in premises liability. Not every unsafe condition amounts to a breach of the duty to keep one’s premises safe. For example, an unsafe condition that has existed for a matter of mere minutes likely could not have been reasonably known by a defendant.
In addition to exercising reasonable care to maintain a property in a safe condition, owners and operators of a location that is accessed by the general public should protect themselves with premises liability insurance.