Faulty premises liability protects individuals who are hurt on another person’s property due to unsafe or defective conditions caused by negligence. It is important to note that just because someone is hurt on another person’s property, does not make the owner liable. It must be shown that the homeowner or property owner knew these unsafe conditions existed and did not repair or maintain them as they should have, causing the injury or accident to occur.
A few types of accidents that could constitute faulty premises liability:
- Dog bites
- Inadequate security leading to assault
- Slips and falls
- Elevator accidents
- Exposure to toxic fumes
- Swimming pool accidents (accidental drowning)
Legal Responsibilities of a Property Owner
The owner of a home or property must protect invitees, licensees, and trespassers with varying guidelines based on the person’s reason for being on the property: invitees, licensees, or trespassers.
- Invitees are considered guests. These guests are like friends, family and neighbors or customers in a store. This category of people is thought to be owed the most protection and fair warning from a property owner regarding any unsafe conditions.
- Licensees are considered those who venture onto the property for their own purposes – such as workers or salesmen. The owner of the property is usually somewhat less liable for injury. However the distinction between invitees and licensees rights vary state-to-state.
- Trespassers are those who enter a property without permission. Trespassers usually enter at their own risk; the owner of the property has not implied that the property is safe or maintained. This does not apply to children. Owners of the home or property can be held responsible if they have knowingly created or maintained conditions that can cause injury to trespassers.
Limitations of Faulty Premises Liability
The most common limitation to faulty premises liability is that of comparative fault. Comparative fault occurs when the person injured is partially at fault as well, as it is expected that everyone exercise reasonable care for their own safety regardless of their location.
Another limitation is that of the lessor or landlord. When a lessee, or tenant, gains control of a property through a lease, there is often a rule or clause stating that anything causing injury or harm is out of the control of the landlord. Most rental leases contain important clauses and rules, there are exceptions to this however.
Contact the Personal Injury Experts at Moraitakis & Kushel, LLP
If you believe you may have a faulty premises liability case, contact the experienced attorneys at Moraitakis & Kushel by phone at 404-445-1411 or by using our online contact form.
Your consultation is free and you pay nothing unless there is successful conclusion or settlement of the case.