When it comes to cases of liability for premises, or more commonly known as slips and falls, one common misconception continues to perpetuate: that any person on a property who gets injured-say, slips directly in front of an ice-covered sidewalk-gets a large payout in a lawsuit. More often than not, the roles and responsibilities are not clearly defined in the liability of the land, and part of a lawsuit-and therefore, the task of a counsel-is to decide who did what, who should have been liable for what, and whether the person should have been first on the ground.If you wish to learn more about this, visit Hilbrich Law Firm-Premises Liability Lawyer.
Although it is obvious the position of “master,” or “possessor,” it implies someone who owns, manages, or is allowed to occupy the place where the slip and fall occurred.
The position may be a company, property, or any other premises that the owner occupies.
The owner has unique obligations in ensuring protection while operating or handling either of the above assets. This can be as easy as ensuring that all snow and ice are swept to insure that the land does not present any risks to those on the pavement in front, behind, or within.
In certain legal cases, an owner may claim that the responsibility for these duties rests with an outside crew, such as a contracted snow removal team. Even if this is the arrangement, the owner falls squarely responsible for supervising and ensuring that the tasks have been adequately completed.
Yet is it still the owner accountable, 100 percent of the time? Not necessarily. He or she can not automatically pick up or clear objects or a slippery surface depending on the case, and is responsible for any elements of a property that an ordinary person would expect to find. Added to this second point, a proprietor is not to blame for the careless behavior of the invitee.
Being also a proprietor comes with a degree of awareness.
While a spilled item may not be immediately cleaned up, an owner is liable if he or she was aware of the dangers of a spot and ignored them, or did not make use of common sense.
Aside from carelessness, the role of the “invitee” on the premises varies according to responsibility. An “invitee” is, by definition, any individual who is asked to enter or remain on a premise for commercially beneficial ends. In the other side, a “licensee” is accepted in a specific manner but not for a commercial or business-related reason. In all instances the landlord is responsible for any physical injury that happens on the property.