Forbes shared a good primer on premises liability:
- Premises liability law is a type of law that governs personal injury claims arising from an injury on someone else’s property.
- Property owners aren’t responsible in every circumstance in which someone gets hurt on their land or in their home or building, however premises liability law dictates the circumstances under which they can be held legally liable if things go wrong.
- Premises liability law establishes the obligations property owners have to others, as well as the types of compensation accident victims can receive.
- Premises liability law establishes several different elements of a personal injury claim that need to be proved to recover compensation from a property owner whom you believe is responsible for causing harm.
- In many states, your legal status on the property affects what obligations the owner or occupier have towards you.
- There are a few different categories of visitors: Invitees, Licensees, Trespassers, Children and Employees
- Comparative Fault in Premises Liability Claims means that the victim's own negligence may reduce the amount of damages that may be recovered.
Business Insurance and Premises Liability: What You Need to Know
As a business owner, you have a responsibility to maintain a safe environment for your customers and employees. However, accidents can still happen on your property, and when they do, you may be held liable under premises liability law. That's why it's crucial to have the right business insurance coverage to protect yourself and your business in case of a personal injury claim.
What Is Premises Liability Law?
Premises liability law is a type of law that governs personal injury claims arising from an injury on someone else’s property. It establishes the obligations property owners have to others, as well as the types of compensation accident victims can receive. If you get hurt on someone’s property and want to pursue a legal claim for damages, premises liability law will govern your case.
Elements of a Premises Liability Claim
If you want to recover compensation from a property owner whom you believe is responsible for causing harm, there are several elements of your case that you would need to prove:
- The defendant owned or occupied the property.
- The defendant was negligent in taking care of and maintaining the property.
- You suffered an injury as a result of the defendant’s negligence.
- You can be compensated for your harm.
Property Owner's Responsibility Under Premises Liability Law
In many states, your legal status on the property affects what obligations the owner or occupier have towards you. There are a few different categories of visitors, such as invitees, licensees, and trespassers, each with different levels of responsibility from the property owner.
Business Insurance and Premises Liability
As a business owner, it's essential to have the right insurance coverage to protect yourself and your business in case of a personal injury claim. Business liability insurance is a type of insurance that can help cover the costs of a lawsuit and any settlements or judgments against your business. It can also help pay for legal fees and other expenses related to defending your business.
Additionally, if you own or operate a business that involves activities that are considered higher risks, such as a swimming pool or trampoline, it's essential to have additional coverage to protect you in case of an accident.
Comparative Fault in Premises Liability Claims
In some cases, both parties may share fault for an accident. This is known as comparative fault. In these situations, the court will determine the percentage of fault for each party, and the damages awarded will be reduced accordingly.
For example, if a customer slips and falls in your store because they were distracted by their phone, they may be found to be partially at fault. In this case, the damages awarded would be reduced by the percentage of fault assigned to the customer.
As a business owner, it's crucial to have the right insurance coverage in place to protect yourself and your business in case of a personal injury claim. If you're unsure about your coverage or want to explore additional options, it's a good idea to speak with an insurance agent who can help you understand your options and find the coverage that's right for you.