Premises liability is a somewhat fuzzy term which serves as an umbrella for many kinds of proceedings counting those relating to structural design flaws, unsafe conditions, environmental hazards, improper traffic patterns and a wide variety of other issues.
In numerous cases, security-related premises liability matters involve issues such as physical security standards and generally accepted security practices. In addition to any existing standards, crime statistics, event history, community standards and specific risk considerations play a part in determining whether an adverse event was foreseeable.
Commonly, businesses which can document a practical approach to security and have responded to increased levels of exposure fare better with juries than those who have taken a more informal or casual approach.
If you are a homeowner, business owner, or even a renter it is critical that you have liability insurance to cover you for accidents that occur on your property or in your home. Many people do not comprehend how imperative this is. For example, if you are a homeowner and are laying a new driveway, you may well have created an opportunity for someone to step in a hole and trip. If you are not covered by liability insurance you would then be personally accountable if someone were injured as a consequence of your failure to keep people away from your construction.
There are many circumstances that could arise in which having the property liability insurance would protect you. For instance, if you owned a dog that should happen to bite someone on your premises, you would be legally liable for the actions of your dog. If however you have the proper liability insurance, your insurance company may cover you for such acts.
If you are a business owner, you have certain other responsibilities to the public in general. For example, if you own a business and someone comes into your premises to purchase something and is injured on your premises that person would be considered a business invitee. The duty owed to a business invitee is of the highest responsibility. The reason for this is, if you operate a business and a welcomed customer comes into your business, you have an absolute obligation to make sure your premises is free of defects and is safe for the public as a whole. If there are any defects on your property you not only have an absolute duty to warn the public of the defect but you also have a duty to repair any dangerous conditions which exist on your premises.
As a homeowner you have somewhat of a lesser duty than that of a business owner. Someone who is invited into your home is not considered a business invitee because they are not visiting your home as a business establishment but instead are considered a social guest. The duty that the homeowner has to people invited into their home is an absolute duty to warn the guest of any obvious defects which exist on the premises and to warn of any hidden defects which, through a practical investigation, could be found to exist on the premises.
Even though the duties of a business owner are different than those of a homeowner, it is practical that any owner of either a business or home have proper liability insurance to protect them from potential liability that could arise as a result of someone being injured on their premises.
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