Premises liability refers to the duty of a landlord or business proprietor to make a property safe for anyone who legally enters.
These companies are obligated to make their venues as safe as possible for the visitors they invite.
There are usually four questions to ask when there has been a possible breach:
What was the duty of care that the property owner owed to the injured party?
Did the property owner breach this duty?
Did the breach of duty cause the harm to the injured party?
Was the harm significant enough to justify the award of monetary damages?
If the court finds that the property owner breached their duty of care, then the door is open to a possible award of damages.
Additionally, there are several different classifications of persons who are on someone else’s premises, which include invitees and social guests, licensees, and trespassers.
Invitees and social guests are typically found to be deserving of the highest standard of care, since in both cases the premises owner specifically requested that they come onto the property. Licensees have a lower standard of care as they include persons who chose to come upon the premises solely for their own convenience without invitation either expressed or reasonably implied under the circumstances. Trespassers have been found to be deserving of almost no care at all.