First-Time Homeowners: What You Need To Know About Premises Liability

What Is Premises Liability?

Premises liability is a concept in the legal sector that is very common in personal injury cases. If a person is injured by a defective or unsafe condition on someone's property, the homeowner is said to be responsible for such injuries through the doctrine of premises liability. Therefore, property owners need to ensure their property is safe and secure for visitors and other individuals at home to avoid personal injury cases arising from defective conditions.

Traditionally, most personal injury cases are highly associated or based on negligence from one of the parties, which is the same for premises liability cases. Therefore, the injured party must prove a great deal of negligence on the property owner for failing to repair or maintain the property. In such situations, the court will provide that the homeowner failed to provide reasonable care in connection with the property, which caused the accident.

Common Premises Liability Cases

Many personal injury cases occurring within a property can easily be defined as premises liability. Even dog bites can sometimes be considered as premises liability as the court may determine that the property owner had a potentially dangerous animal within the property, which caused injuries.

Therefore, as a first-time homeowner, it is necessary that you have a comprehensive understanding of all the possible premises liability cases:

• Swimming pool accidents
• Escalator and elevator accidents
• Snow and ice accidents
• Slip and fall accidents
• Toxic fumes within the property
• Possible fire outbreaks
• Water tank leaks leading to accidents

Homeowners Duty of Care

As a first-time homeowner, the law requires you to exercise a reasonable duty of care by ensuring that your property is adequately maintained and repaired to avoid accidents to the visitors. However, maintaining and repairing the property is not only enough to caution visitors against possible accidents.

Homeowners are required to warn visitors that dangerous conditions exist within the property so that they can take precautionary measures. An excellent example of a warning sign will indicate something like 'slippery floor' or 'leaking gas fumes.'

Premises Liability to Trespassers

A trespasser is someone within the property without any express or implied consent. There is a perception that trespassers are not covered by the premises liability concept because they are within a person's property for any other benefit other than that of the homeowner. The law provides that the property owner has the duty of care to those trespassing through the property.

As such, they must warn every one of the possible dangers within the property. Your duty of care is even higher if the trespasser is a child. That’s because children may be tempted to trespass if your property poses an attractive nuisance.

Insurance and Premises Liability Cases

As a homeowner, it is vital to have the necessary property insurance policy to cater for potential accidents that are likely to happen. The purpose of property insurance is to reduce financial losses when an injury happens within the property. Typically, the insurance company will pay for medical expenses, mental suffering, pain and anguish and financial packages for wage replacement.

Working With Premises Liability Attorneys

If you are a victim of a negligent homeowner, you need to have an experienced premises liability attorney to hold the property owner accountable for the injuries caused. To get financial compensation for personal injuries suffered, you need a lawyer who will prove negligence and liability before a judge. Proving premises liability is not a straightforward process, which only emphasizes the need for an experienced attorney who has previously handled personal injury claims.