If a person owns real estate such as a condo, townhouse or home, they should know that they can face liability if someone is injured on their property. Just as if someone is hurt in a business setting, homeowners are obligated to ensure the reasonable safety of their home and land. The rules on homeowner liability for injuries are known as premises liability law.
Understanding Liability for Personal Injury
Under the laws of premises liability, a homeowner or commercial property owner has a duty to others. The nature of the duty depends on the way the property is used, and visitors’ reasons for coming. There are three categories of duty:
• A duty to invitees-; If visitors are coming to do business with the property owner, they are invitees, and they’re owed the strictest duty. This type of duty is common in commercial buildings, but those who own home businesses can be held to this standard as well. The premises must regularly be inspected for risks, and invitees must be warned properly.
• A duty to licensees-; Most who visit a home are licensees, or people who come of a mutual accord. An intermediate duty is owed to a licensee; the premises must be made safe, or the person must be warned of reasonably foreseeable dangers.
• A duty to trespassers-; A trespasser is a person who comes to a home without the homeowner’s permission. The property owner only owes a minimal duty; for instance, they cannot set traps to cause intentional harm.
A person facing a premises liability case will be governed by this area of law. Most cases are covered by homeowner’s insurance policies, but the homeowner should call a Premises Liability Lawyer in Fort Collins just to be safe.
Hiring Legal Counsel
If a person faces liability because of an accident in the home, their homeowner’s insurance company will likely pay legal fees associated with a lawsuit. The homeowner, in this case, would only have to notify the insurer of the accident, and allow their Premises Liability Lawyer in Fort Collins and the insurance company to handle the rest. If injured while on someone else’s property, a person should call Burton & Burton before filing a claim. Most lawyers work on a contingency basis, taking their pay from the settlement the victim receives.
