Personal injury lawyers know that you can get hurt on two types of private property: commercial and residential. You can generally sue the defendant for injuries in this case. The defendant is the person who owns the private property.
Different states have different rules regarding liability on private property though. You’ll learn about some lawsuits that you can subject the defendant to if you’re hurt on his or her private property.
Business liability for personal injuries
Personal injury lawyers in Cambridge know that business owners have to maintain a high standard of care in ensuring that their properties are safe for the general public to be on. This prevents the public from being hurt while on these properties.
Business owners must conduct regular property inspections to determine if their property is safe for public occupation. The business owners must also provide occupants with anti-slip devices, this is especially true on rainy, sleety, icy, or snowy days. A good example of this is a mat near the doorway or on slippery places in the building.
Business owners are not responsible for the actions of the general public on their premises. Therefore, the business owner will not be liable if you and your dad fight in a grocery store and you’re hurt as a result.The exception is if the business owner could and should have anticipated these events in advance.
Homeowner’s liability for personal injuries
Personal injury lawyers in Cambridge know that while the laws for homeowner’s liability vary by state, people on a homeowner’s property are generally classified as invitees, licensees, and trespassers. Homeowners have different duties of care towards these three classes of people.
A trespasser is someone who is not allowed onto the property. The homeowner has no duty of care towards him or her. A licensee is a person who is allowed onto the property but is not there for business purposes. Homeowners have a limited duty of care towards him or her. Finally, an invitee is a person who is on the homeowner’s property for business purposes. Homeowners have a limited duty of care towards him or her.
Homeowners have a legal obligation to protect the safety of anticipated trespassers. These people must be warned of hidden dangers on the property by a sign. The homeowner has a duty of care towards licensees. However, this ends once the homeowner warns the licensee of dangers on the property. The homeowner is no longer legally liable if the licensee gets hurt on his or her property once the licensee has been warned by the homeowner. An invitee is protected the most. The homeowner has a duty of care towards him or her even after he or she informs the invitee of dangers on the property.
Some dangerous conditions in houses that the courts may evaluate are:
● Staircases – common conditions on staircases like poor lighting may not make the homeowner liable for accidents that occur.
● Swimming pools – homeowners are generally not responsible for trespassing kids who die in their pools. The exception is if the pool was unusually attractive for the kids.
● Glass doors – homeowners are not liable if someone was hurt while walking into a glass door. The only exception is if the door was in an unusual location that the person couldn’t have anticipated.