Who is Mainly Responsible During Premise Liability?
One of the most common and popular areas in which personal injury law comes into play in today’s world, is the world of premise liability – something many of us might not yet be aware of. In essence, property owners, or simply non-owner residents, will have a responsibility to maintain a relatively safe environment for their tenants so that individuals who might come on the property have little to no chance of suffering from some type of dangerous injury issues. Again, according to Mr. Charles Spinner, Esq. considered to be the best injury lawyer Tampa has to offer, this level of responsibility is known directly as premise liability – which holds property owners and residents liable for accidents and certain types of injuries that might occur on their own property. The types of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride. For instance, according to the best injury lawyer Tampa has in practice, Mr. Spinner, this is similar to a courier delivering a package, and a situation where he may sue you for injuries if he slips and falls on an oil slick in the driveway although if the courier acted in an unsafe way, he or she may not have a valid claim. Moving forward we will be able to better help you to understand and determine how liability is understood with an injured person on another individual’s property. We can further examine how liability might be determined depending on the following:
· The legal status of the visitor.
· The condition of the property and the actions of both the owner and visitor.
· If the person injured is a trespasser a child.
· When both the owner and the visitor is held at fault for the condition of the property itself.
· Special rules for landlords.
Its important for us to be aware that liability is determined by the laws and procedures of the state I which the injury itself has occurred. In some states, the court will focus on the status of the injured visitor in determining where the liability might actually fall. In other states, the focus might also be on the condition of the property and the activities of both the owner and visitor. According to Mr. Spinner, the best injury lawyer Sarasota has to offer, It’s also important to remember that the person occupying a property, such as an apartment tenant, is treated in the same many as a landowner in many of the situations.
One of the most important things an individual must be able to focus on is the legal status of a visitor to their property. Generally, according to Mr. Spinner, considered to be the best injury lawyer Tampa has to offer, there are four specific labels that might apply here: invitee, social guest, licensee, or trespasser.
· Invitee: This is someone who is invited onto the property that is owned by someone else, this invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of those on the premises.
· Licensee: A Licensee enters the property for their own purposes, or as a guest, and is present at the consent of the owner.
· Social Guest: A welcome visitor to the property.
· Trespasser: Enters without any right whatsoever to do so. According to Mr. Spinner, the best injury lawyer Sarasota has in practice, in the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.
In certain areas where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This standard requires the exercise of reasonable levels of care for the safety of any visitor, aside from those who are considered to be trespassing. As per the best injury lawyer Sarasota has practicing, Mr. Charles Spinner, determining whether the standards of reasonableness required by an owner towards licensees (in some areas this includes invitees as well), has been met requires an examination of numerous factors including:
· Circumstances under which the visitor entered the property
· How the property is being used.
· Foresee ability of the accident or injury that occurred; and
· Reasonableness of the owner/possessor’s effort to repair a dangerous condition or warn visitors of the dangerous condition.
For more information on handling trespassers, as well as the rights of any individual on your property, be sure to contact Spinner Law Firm today.