8 Things That Every Business Owner Must Know About Premise Liability
In the business world, many risks come with owning or leasing a property. One of these risks is premise liability, which refers to the legal responsibility of the property owner for any injuries that occur on their premises. Here are eight things that every business owner should know about premise liability.
1. You Need A Competent Lawyer
The law can be a very complicated and frustrating thing to deal with, and it is best not attempted without the representation of a skilled attorney. Premise liability cases, in particular, can get quite complicated, so you should always seek out the help of a lawyer from a law firm that focuses on these types of lawsuits. According to the people at Pittman, Roberts & Welsh, PLLC, you will need an attorney mainly because of the number of laws that will come into play, which can vary depending on your state's regulations. Keeping up with proper safety standards, especially to prevent accidents, is crucial to protecting your business and avoiding liability lawsuits.
2. Not All Claims Are Equal
Not all claims are equal, and some factors such as how well-lit the property was or whether there were any warning signs will play into determining if an owner or business is liable for injuries that occurred within their premises. If you want to make sure you aren't held liable for someone else's injuries, make sure you familiarize yourself with what matters and matters not when it comes to premise liability cases.
3. Your Insurance Will Be Impacted By The Outcome Of The Case
If you are found liable for someone's injuries, your insurance premiums may be affected even though you have not committed malpractice. This is because insurance companies are always looking to minimize risk, so if they calculate that there is a greater likelihood of accidents happening at your business, they might change your insurance premiums accordingly. If this happens, it can also affect the premiums paid by any other businesses operating out of your property or who lease from you.
4. It Can Sometimes Be Difficult To Prove Fault
One common denominator in most premise liability cases is that the plaintiff must prove fault on the part of the defendant. There is no other way to obtain compensation, and many business owners wonder how this happens when they were not present at the time of the incident. The answer to this question is that if you own a business, even if you are not physically or personally there, then you can still be held liable for injuries that occur on your property because it falls under your purview as owner.
If Your Property Is Public
If your property is public, such as a grocery store or swimming pool, it may make it more difficult to prove fault on your part despite claims from an injured party. For example, if someone slips and falls in one of these places and tries to sue you unless they can prove that your property was not well-maintained or that there were warning signs posted, then the fault will most likely fall on them. However, it is still in your best interest to avoid any potential negligence, so you should always properly maintain these types of properties.
5. The Age Of Your Property Can Affect Your Liability
If your premises are older than others in the immediate area and pose a greater risk for injury because of this fact, then you might be held responsible for injuries that occur as a result. In some cases, insurance premiums can increase if there have been multiple claims over a short period from the same vicinity as well. If you want to avoid having to pay out large sums of money in the event of a lawsuit, then you should always take steps to keep your property in good order.
6. Your Intent Is Irrelevant
Despite what some people may think when it comes to premise liability cases, the intent is irrelevant. This means that even if you did not intend for anyone to get hurt on the property, that does not mean that you cannot be held liable; this is one of the most common misconceptions about accident lawsuits in general and can lead to frustration when an owner tries fighting against it in court without legal representation.
7. You Can Be Held Liable Even When On Vacation
You don't have to be present at the time of the incident to be held responsible for injuries that occur on your property. Even if you are away on a vacation or at a business meeting outside of the area, then you can still be held liable for someone's accident as long as it occurs on your property, within your premises, and involves your furniture or property elements. An owner is responsible for the overall maintenance and security of their premises during any type of absence, so make sure that anyone who has access to your property knows this as well. In addition, make every effort possible to regularly check up on what is going on at your location while you are away, or take steps to hire reliable personnel to look after things in your stead.
8. It's More Than Just Potholes & Flooring Surfaces
You should also be concerned about snow and ice accumulations because they could result in an accident or injury as well due to someone slipping and falling. If you are unsure of the most effective way to remove snow, ice, slush, or any other potentially hazardous substances from your property, then you should contact local officials for advice on how best to handle the situation. This means that if something does happen, then you know that you were properly informed about it beforehand.
1. You Need A Competent Lawyer
The law can be a very complicated and frustrating thing to deal with, and it is best not attempted without the representation of a skilled attorney. Premise liability cases, in particular, can get quite complicated, so you should always seek out the help of a lawyer from a law firm that focuses on these types of lawsuits. According to the people at Pittman, Roberts & Welsh, PLLC, you will need an attorney mainly because of the number of laws that will come into play, which can vary depending on your state's regulations. Keeping up with proper safety standards, especially to prevent accidents, is crucial to protecting your business and avoiding liability lawsuits.
2. Not All Claims Are Equal
Not all claims are equal, and some factors such as how well-lit the property was or whether there were any warning signs will play into determining if an owner or business is liable for injuries that occurred within their premises. If you want to make sure you aren't held liable for someone else's injuries, make sure you familiarize yourself with what matters and matters not when it comes to premise liability cases.
3. Your Insurance Will Be Impacted By The Outcome Of The Case
If you are found liable for someone's injuries, your insurance premiums may be affected even though you have not committed malpractice. This is because insurance companies are always looking to minimize risk, so if they calculate that there is a greater likelihood of accidents happening at your business, they might change your insurance premiums accordingly. If this happens, it can also affect the premiums paid by any other businesses operating out of your property or who lease from you.
4. It Can Sometimes Be Difficult To Prove Fault
One common denominator in most premise liability cases is that the plaintiff must prove fault on the part of the defendant. There is no other way to obtain compensation, and many business owners wonder how this happens when they were not present at the time of the incident. The answer to this question is that if you own a business, even if you are not physically or personally there, then you can still be held liable for injuries that occur on your property because it falls under your purview as owner.
If Your Property Is Public
If your property is public, such as a grocery store or swimming pool, it may make it more difficult to prove fault on your part despite claims from an injured party. For example, if someone slips and falls in one of these places and tries to sue you unless they can prove that your property was not well-maintained or that there were warning signs posted, then the fault will most likely fall on them. However, it is still in your best interest to avoid any potential negligence, so you should always properly maintain these types of properties.
5. The Age Of Your Property Can Affect Your Liability
If your premises are older than others in the immediate area and pose a greater risk for injury because of this fact, then you might be held responsible for injuries that occur as a result. In some cases, insurance premiums can increase if there have been multiple claims over a short period from the same vicinity as well. If you want to avoid having to pay out large sums of money in the event of a lawsuit, then you should always take steps to keep your property in good order.
6. Your Intent Is Irrelevant
Despite what some people may think when it comes to premise liability cases, the intent is irrelevant. This means that even if you did not intend for anyone to get hurt on the property, that does not mean that you cannot be held liable; this is one of the most common misconceptions about accident lawsuits in general and can lead to frustration when an owner tries fighting against it in court without legal representation.
7. You Can Be Held Liable Even When On Vacation
You don't have to be present at the time of the incident to be held responsible for injuries that occur on your property. Even if you are away on a vacation or at a business meeting outside of the area, then you can still be held liable for someone's accident as long as it occurs on your property, within your premises, and involves your furniture or property elements. An owner is responsible for the overall maintenance and security of their premises during any type of absence, so make sure that anyone who has access to your property knows this as well. In addition, make every effort possible to regularly check up on what is going on at your location while you are away, or take steps to hire reliable personnel to look after things in your stead.
8. It's More Than Just Potholes & Flooring Surfaces
You should also be concerned about snow and ice accumulations because they could result in an accident or injury as well due to someone slipping and falling. If you are unsure of the most effective way to remove snow, ice, slush, or any other potentially hazardous substances from your property, then you should contact local officials for advice on how best to handle the situation. This means that if something does happen, then you know that you were properly informed about it beforehand.
Image source: https://unsplash.com/photos/yWwob8kwOCk
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Your main priority when running a business is the safety of your customers and employees - not whether or not anyone will file a claim against you at some point down the road. To protect yourself against this type of thing happening, make sure that everyone who has access to your premises is familiar with proper safety standards and practices. You can also place signs throughout your location warning people of potential hazards or take other precautionary steps to keep everyone out of harm's way. Having the support and guidance of experienced legal professionals will also provide you with peace of mind in times like this, so do not hesitate to put them to work for you if something does happen.
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