Published On: Sun, Jan 10th, 2021

A Homeowner’s Guide to Premises Liability

Every year, at least 39 million Americans suffer from accidental injuries in their homes. Most of these injuries are caused by property owners’ negligence and could have been prevented if the necessary measures had been taken during construction and maintenance. If you are a homeowner, you need to take precautions and avoid these accidents covered in premises liability. Here is a closer look at what governs the premises liability and what you need to know.

Types of Premises Liability Cases

There are different types of cases that fall under premises liability. These cases are suffered by tenants or their visitors in rented or owned premises. Some of these cases include: 

  • Slip and fall 
  • Snow and ice accidents 
  • Defective conditions on the premises
  • Inadequate maintenance of the premises
  • Inadequate building security
  • Elevator and escalator accidents
  • Dog bites
  • Amusement park accidents
  • Swimming pool accidents
  • Fires 
  • Water leaks or flooding 
  • Toxic fumes and hazardous chemicals

Duties of a Property Owner

As a property owner, you should be asking who is responsible for premises liability? As the Cochran Firm in Nashville explains, all property owners are required by the law to build and maintain their properties in good condition for its users to protect them from injury. Varying by state, these laws are limited depending on who visits the premises. These visitors are divided into three categories: invitees, licensees, and trespassers. 

Invitees are friends and family members who have permission to get into the premises, and the landowner has an obligation to keep them safe in the premises. 

A licensee is someone permitted to visit the property to do their business. One example would be a salesman. The property owner can only warn them of impending dangers. 

A trespasser is someone not welcomed to the property, for example, unregulated children. The duty of the landowner, in this case, is to practice caution to avoid intentional injuries to the children. These rules all differ from one state to another. 

Particularly Dangerous Conditions

All areas, in and outside the premises, can cause accidents. The list of dangerous conditions is ever-growing. Some of the common areas greatly affected by injury claim cases include the following.

Staircases

Regardless of the staircases’ design, they pose high slip and fall cases to house occupants and visitors. Other than the design, slip and fall cases arise due to poor lighting, poorly placed handrails, unmarked doors that lead to a fall, unmarked low beams leading to head injuries, and uneven constructed stairways. You can check out sites like bespoke-staircase.uk to find staircases suitable for your home.

Swimming Pool

Swimming pools have been rated as the main cause of death to children in American homes. Homeowners are not liable for these deaths if the kids trespassed to the pools. However, certain circumstances hold landowners responsible, including an enticing visual appeal to the pool and pools having no child barriers or gates. 

Glass Doors

A glassdoor can put the homeowner in trouble if visitors get injured when they stumble and fall due to them not seeing the glass. Though this scenario is often presented as a humorous bit in movies, this hazard can result in a serious injury.

Most Common Premises Liability Cases

Here are the top three of the most reported premises liability cases you should be aware of:

Slip and Fall

When a tenant or visitor slips and falls, such becomes a liability case. Conditions that lead to this slip and fall include defective staircases, wet floors, accumulation of ice or snow, oily floors, hidden extension cords, unsecured rugs or carpets, loose or broken floors, steps, sidewalks, porches, or stairs.

Inadequate Building Security

Homeowners should ensure their buildings have maximum security at all times. They have to secure the buildings and put hazards to warn of dangers, including fire alarms and home security systems. They can also hire security services for 24/7 security.

Swimming Pool Accidents

These accidents involved children who drown in an unsupervised or unsecured swimming pool. The swimming pools need to be fenced and have a gate to avoid unauthorized entry. You may contact a fence installation company to install the necessary safety fences. Barriers are the best way of preventing accidental drowning of young children [source].

Some of the above situations are due to users’ negligence but will fall under premises liability if you don’t put the necessary safety measures in place. If someone is injured on your property, they might try to sue you for damages. You can win a liability lawsuit if you prove that you did your due diligence to maintain your property to prevent injury. You may want to consult an attorney to help you better understand premises liability and your responsibilities as a property owner.

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