Premises Liability Claims are the nightmare of any property owner. In some instances these claims are genuine. When people become harmed because the home or business owner was negligent about maintaining their property, a claim against that property owner is justified. In order to avoid this type of claim against your own insurance or to know when you have a case against someone else, it is important to understand the law.
Perform Regular Maintenance
Fix a loose railing, repair faulty wiring and keep pathways and floors clear and dry. These are common causes of accidents and the top reasons lawsuits are filed. Most of these hazards are avoided with cleaning and maintenance and they will keep the property safe for yourself as well. The law will not forgive your responsibility by claiming you were unaware of the issue, because adequately maintain property is expected.
Avoid Risky Behaviors
There is a reason insurance companies refuse to cover certain things, or will do so only by charging very high premiums. Aggressive dogs, trampolines and swimming pools are all things that are known to be risky. A sensible homeowner who wants to avoid any lawsuits will avoid these and opt for safer forms of entertainment and less aggressive breeds of dogs. While it may be controversial, the statistics speak for themselves.
Understand Trespassing Laws
Anyone without permission to be on the property is considered by law a trespasser. Whether or not they are engaged in any illegal activity does not matter. By trespassing they are not covered by liability insurance and cannot sue if they become injured while on the property. This does not mean they will not try, but the law will typically favor the property owner in these instances. However, it is important to realize that people with a need to be on the site are not the same as trespassers. Emergency personnel responding to a call, postal carriers and utility company employees performing their jobs are protected.
Premises Liability Claims are a necessary way to protect those who have become injured through no fault of their own. Whether you are the injured party or the homeowner, you will need assistance to understand the process and know if you have a claim. Call us to discuss your case and get the help you need.
