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Premise Liability

A premise owner, or the owner of a property, is liable for all maintenance and security that the property requires in order to be a safe place for visitors. Premise owners can be business owners, farm owners, homeowners, construction site owners, land owners, etc., and they have to maintain and secure their properties to avoid injury, workplace accidents, and premise liability lawsuits. Maintenance of these properties include:

  • making sure walkways are free of cracks or gaps as well as ice so someone doesn’t slip and fall
  • making sure gathering areas are safe
  • making sure driveways are well-paved and plowed as well as well-lit
  • making sure any hazardous tools, equipment or areas are well-fenced or stored in areas where they can’t cause harm
  • making sure employees can conduct their work without risking injury

Premise owners are also responsible for security, which includes:

  • installing a fence to keep children, pets and adults out of private or dangerous areas
  • hanging flood lights in low visibility areas
  • employing security guards (if the premise owner has a lot of visitors and there is an apparent need for extra security of people and property)
  • posting warning signs when there are hazardous areas

Even if you don’t have regular visitors or employees, you are responsible for the safety of the mail delivery person and everyone else who might enter your property, sometimes even if that person trespasses. For example, the attractive nuisance law states that the premise owner is liable for any injury, despite whether that person trespassed, if the injury was caused by negligence on the part of the premise owner. In the case of attractive nuisance, negligence means the premise owner knew that there was the possibility that someone (particularly a child) might get hurt on the property, yet did nothing about it. This happens when children wander onto construction sites, play on farm equipment, or jump into someone’s swimming pool.

If the premise owner takes all the necessary precautions to ensure the safety of visitors and employees, he or she is less likely to experience a premise liability case. However, if you are involved in premise liability, you should contact a personal injury attorney to discuss your options.

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