Premises Liability Introduction for Arlington, Massachusetts
A property liability claim holds a property owner responsible for any damages developing out of an injury on that person or entity’s property. In all states, owners that occupy a residential or commercial property should make a reasonable effort to maintain a safe environment for visitors to it. Failure to keep the home safe for visitors leads to “facilities liability.” Common situations that may give rise to premises liability lawsuits are:
- Animal and Canine Bites
- Slip and Fall Mishaps
- Unsafe Property
- Irresponsible or Inadequate Security
- Swimming Pool Injury
- Insufficient Upkeep
- Kids on Residential or commercial property
- Store Liability
- Restaurant Liability
What about injuries at apartment building or commercial property that is merely rented? Usually, a property owner is not responsible for the injuries of an occupant’s visitor since the tenant is presumed to be in control of the condition of the property. Nevertheless, there are exceptions, such as for latent defects, which are hidden and harmful conditions already existing when the renter takes possession of the home. Another exception happens when a property manager undertakes repair works for an occupant. The repair works should be performed in a non-negligent manner.
Different states follow different guidelines about who may recuperate for premises liability and under which conditions. Some states concentrate on the status of the individual going to the residential or commercial property to identify whether liability is appropriate. The status of a visitor in those states is typically guest, licensee, or trespasser.
Guests and Tresspassors: Rules for Arlington, MA 02174
An invitee is someone invited onto a residential or commercial property for a business function, such as a client at a shopping mall. A social guest or licensee is also present on the residential or commercial property at the invite or by authorization of the homeowner or occupant. For invitees and licensees, the invite is an implied guarantee that it is safe to be on the home. In some states, a different duty of care is owed depending upon whether a visitor is an invitee or licensee, but in other states that acknowledge these differences, the greatest task of care is owed to both.
In lots of states that focus on the status of the visitor to evaluate liability, trespassers who are on the property without any right to be there and who are injured are unable to recover at all. The owner or resident should simply refrain from intentionally trying to harm the intruder, such as by setting traps. Nevertheless, in some cases, when an owner understands it is most likely there will be a trespasser, it is needed to give affordable warnings of non-obvious threats to trespassers. Typically, the exception to this guideline is a child trespasser, who might get included with an “appealing problem,” like a swimming pool, and hence is owed a higher task of care.
Stae of the Property; Owner’s and Visitor’s Actions, for 02174
In other states, courts focus on the state of the home and the owner’s and visitor’s actions. Typically, property owner and residents owe a responsibility to keep property fairly safe and make repair works for all visitors except for intruders. Aspects that are considered when determining the responsibility are the circumstances under which the visitor came onto the home, the nature of the residential or commercial property, the reasonableness of the owner or occupant’s actions to repair or alert, and the foreseeability of the injury.
An owner or occupant should routinely examine the property to discover hazardous conditions and either fix them or install a caution so that lawful visitors are not injured. Any owner that cannot satisfy this responsibility, such as by knowing of a hazardous condition and cannot warn visitors, can be held liable for visitors’ injuries that arise from it.
Limitations on Recovering for Premises Liability
Most states follow the concepts of comparative fault in facilities liability cases. This means an injured person who is partly or fully responsible for exactly what happened can not recuperate for damages developing out of an unsafe residential or commercial property condition. A visitor has the responsibility to use sensible care to keep himself or herself safe. To the extent the visitor cannot use affordable care, the healing can be decreased by his or her portion of fault.
For instance, in a state following relative negligence, when an injured person is 10% responsible for an injury, the homeowner is responsible for 90% of the injury, and the total damages are $100,000, the victim’s healing will be only $90,000. In states that follow contributory negligence, the plaintiff may be unable to recuperate at all if he or she is found even a little at fault.