A premises liability claim may arise when a guest (an “invitee” in legal terms) is injured on someone else’s property. All of us have heard “Clean up on aisle three!” while at the grocery store. What’s going on, besides the obvious, is the prevention of a premises liability case.
As property owners, we all have a duty to look out for people whom we invite to our home or business. The level of care you owe your guests depends upon a variety of factors, but generally this means notifying your guests of any known danger and repairing it immediately. Hence “Clean up on aisle three!” and a 15-year-old bag boy with a mop and a “Caution Wet Floor” sign.
In a household setting, notify your guests about the sinkhole in the backyard and the warped basement stairs upon their arrival and then tell them to avoid the danger. Putting your guests on notice of any known defects helps to protect you. However, it is always best to inspect your property and repair any defect you find prior to a guest’s arrival.
Shop owners and business people who invite the public onto their property have an even higher duty to maintain their property free from defects, as they are inviting people in to make money. Businesses should inspect their premises every day prior to opening and repair any defects immediately. Knowing of a defect and failing to repair it is a surefire way to get sued.
Along with frequent inspections, make sure you have enough liability insurance. The person who tripped over the loose threshold may have said they were fine, but after the x-ray reveals a cracked lumbar vertebra, things change. Revisit your insurance policy at least annually to determine if you have enough coverage. This is especially important for homeowners, who may be personally liable to pay any amount beyond their insurance coverage.
For the most part, these types of accidents can be avoided. The simplest ways to lessen the likelihood of these accidents are:
• Warn guests of known dangers
• Inspect your premises frequently
• Repair any problems as soon as possible
These simple steps will help to keep you and your guests out of court.
Derek D. Van Nest is an attorney with the Hanis Irvine Prothero law firm of Kent, and a contributor to the Kent Reporter’s Legal Matters column. Contact him at 253-520-5000.
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