It’s no surprise that accidents can happen anytime, anywhere. Property owners and businesses are responsible for maintaining a safe environment so that employees or people who come onto the building don’t suffer an injury. We commonly refer to this responsibility as “premises liability”, which holds property owners responsible for accidents and injuries on their property.
Premises on liability type of incidents can very from slip and fall on a public walkway to an injury suffered in a restaurant or an amusement park ride. For instance, a courier delivering a package may file a personal injury claim if he slips and falls on an oil slick in the driveway.
In premises liability cases, a person is hurt and claims that their injuries were caused by a property owner’s inability to maintain her or his property in a reasonably safe condition, including warning against lurking or hidden dangers. Here’s everything you need to know about premises liability.
What are the most common types of premises liability cases?
Slip and fall are unquestionably the most common examples of premises liability cases. Failure to keep your property safe for employees or visitors leads to “premises liability”. Common situations that may result in premises liability lawsuits include:
- Animal and Dog Bites
- Slip and Fall Accidents
- Inadequate or Negligent Security
- Swimming Pool Injury
- Retail Store Liability
- Children on Property
- Poor Maintenance
- Restaurant Liability
What does it mean for a property owner?
To cover damages in a premises liability personal injury claim, a plaintiff will have to prove that the property owner broke the duty of care owed to them. Property owners have a duty to maintain their properties fairly safe to reduce any known hazards within a reasonable amount of time.
For example, as a property owner, you cannot simply let ice and snow accumulate and take the position that “everyone knows ice and snow are slippery” and, therefore, the attempt to avoid legal responsibility. If it snows and is icy enough to break a leg, the property owner should take steps to make the property safe. Business owners are also responsible for making sure their property is reasonably safe for the public.
Suppose you’re the one who was injured on someone else’s property. In that case, you will have to contact Daytona Beach personal injury lawyers who can gather and present sufficient evidence to satisfy the burden of proof. But as a business owner, it’s crucial to have property insurance, whether it’s commercial or homeowner’s liability insurance. These policies will cover injuries that happen on your property.
If you’re found to be negligent (for instance, you failed to make the property safe), the liability insurance will cover the injured person’s damages. This typically includes wage loss, medical expenses, and pain and suffering.
Avoiding Premises Liability Claims
These claims are simply too costly to regard them as evitable expenses. Many companies have learned the hard way that a huge settlement could be avoided if their business had applied for the preventive program and stuck to it.
The most evident defense against premises liability claims is to maintain a safe, healthy property. That said, taking necessary precautions and not allowing your property to fall into disorder is the smartest thing you can do. Here are some elements that must be presented in an initiative-taking program to fully protect your business.
Inspect
Because business and property owners have a duty to warn customers or visitors of common hazards, your business must be aware of potential problems as soon as possible.
If your hybrid employees are visiting the property on a regular basis, it becomes easier to document the state of your property and any potential problems.
Manage
If an inspection unearths a safety hazard, your business should need a well-documented and easy-to-implement system for dealing with it. That said, you will need to specify who is to repair the damage, how it will be paid for, and how to contact the authorized repair person.
Always Warn
If you cannot remediate the problem in the shortest time possible, you must have a procedure to warn customers/visitors. For instance, you can post signs explaining the dangers and discouraging entering the area and/or taping off the area to restrict access.
Educating Employees on the Matter
If you develop all three elements above on paper but never show your employees how to implement them, your hazard management system will not help your premises liability defense. Act responsibly by providing training on this system, as well as ongoing discipline if employees fail to follow the rules.
The Right Coverage
Having the right property coverage and an umbrella policy isn’t really a step you can take to prevent an accident from happening on your business premises, but it can help ensure you’re not financially ruined if you’re liable in a personal injury case.
An umbrella coverage supplements your normal liability insurance and offers a better coverage limit. Many umbrella policies also cover the type of claims that your normal liability coverage may not cover.
A regular homeowner’s policy, for instance, may cover your house’s rebuild cost if it were destroyed in a fire but only provide minimal coverage if someone trips and suffers a head trauma or spinal injury on your property. An umbrella policy can provide a large amount of additional protection for a lower cost.
These policies can be an addon or rider for your property insurance policy, meaning you can’t purchase a separate umbrella policy.
