Premises liability | It can happen to you and Skaug Law can help!

A property owner owes a certain duty of care to those who enter their property, depending on the legal relationship that the property owner has with the other party. There are three main categories that individuals fall under.

Invitees are individuals who have been invited onto a property for a legitimate business purpose. For example, a plumber called to fix a broken dishwasher would be an invitee. Licensees are individuals with permission to be on the property. This usually applies to guests, like friends or family. Trespassers are individuals who either do not have the right to be on the property, or only possess the right to be on the property for recreational purposes according to Idaho law.

The property owner owes each of these types of individuals different levels of care.

• The property owner is responsible for making sure that their property is safe for invitees, and that they are warned of any potential hidden dangers.
• The property owner is responsible for making sure that licensees are aware of any potential hidden dangers
• The property owner is responsible for not intentionally behaving in a way that would endanger trespassers

If the owner failed to meet their legal obligation of care, they may be responsible for injuries caused by that negligence. This is not a guarantee of absolute obligation, however, as the guest may also be liable for any dangers that they may have reasonably known about.

Like with other types of accidents leading to injury, Idaho determines liability through a system of Comparative Fault. Through Comparative Fault, even if one party is found to be partially at fault for an accident they will not be barred from recovery, up to a limit of 50%. However, the amount of fault you are determined to have for an accident reduces your compensation accordingly. For example, if you are found to be 20% responsible for an accident, at most you will be able to recover 80% of your damages.

Fault is further complicated with premises liability accidents. While the other party may have a responsibility to ensure that you are aware of dangers based on your status as an invitee or licensee (if applicable), this may not apply if you were trespassing on their property, or if you were aware or, with reasonable diligence, could have been aware of the danger.

If, for example, you were walking somewhere you were not supposed to be, or were distracted by your phone, the property owner could argue that you were at least partially responsible for your injuries as a result.

In both personal residences and commercial properties, Slip and Fall accidents are the most common source of Premises Liability injuries in Idaho. These injuries usually stem from a slippery surface that leads the victim to fall and injure themselves while attempting to prevent the fall, or from the impact of the fall itself. The elderly are especially vulnerable to these kinds of accidents. Other common types of accidents include

• Falling merchandise
• Dog bites
• Fires
• Unstable stairs or walkways collapsing
• Swimming pool accidents, such as drowning.

There are many hazards that may not be immediately obvious, and sometimes a situation that should have been safe is not because the property owner did not take sufficient care to maintain the safety of their property. If you believe this to be the case, contact a Personal Injury Attorney to discuss your case.

Generally speaking, the purposes of the damages in a Premises Liability case is to get the injured person back as close as possible to the condition that they were in before the accident. In most cases, this is done through awarding compensatory damages, which can include:

• Medical bills
• Future medical expenses
• Lost wages
• Lost long term earning potential
• Permanent disability or disfigurement

The specifics of any given case can vary, and sometimes damages are also awarded for various losses to quality of life stemming from injuries. In order to best determine which may be applicable for you, consulting a Personal Injury Attorney can help you so that your claim accounts for all of your losses and that you receive the compensation you deserve.

The time for filing a claim, called the Statute of Limitations, is two years in Idaho for personal injuries and three years for the damage of personal property. This means that you have two years from the time of the accident to file a lawsuit in court, though claims going through insurance will usually need to be made much faster, usually within a few days of the accident.

Missing the deadline for the Statute of Limitations on your case will usually result in your case being dismissed, and the clock does not stop ticking just because you might be stuck negotiating with insurance. The sooner you take action on getting your case started, the better your chances of success.

Your initial response after an accident will depend on how severely you’ve been hurt. If you are still in a condition to do so, you will want to document the location of the accident. This usually means taking a photograph of the scene with your phone or camera, preferably with a timestamp. Many smartphones can add timestamps to photographs through an option in the camera settings. This serves as evidence that the accident occurred, as well as providing a snapshot of the conditions in which it happened, which can help to support your case.

Outside of documenting the scene, you will want to arrange for medical attention as soon as possible after the accident. This will help for both making sure that you receive the treatment you might need for any injuries, including less obvious ones, and also provides a link between the accident and your injuries should you need to prove that they were caused by the accident when dealing with insurance or the property owner.

Attractive Nuisance is a legal term that explains that there are certain items that can attract children while also being dangerous to them, and that you are responsible for preventing harm caused by these items, even to trespassers and those who do not have the legal right to be on the property. This includes things like swimming pools or other recreational items, like swing sets or other features that may attract children. Some examples of precautions that can be taken include:

• Non-climbable fences
• Lockable gates
• Safety covers for pools
• Other safety-oriented objects as relevant
• A telephone nearby in case of emergencies

It is important to remember that liability for these ‘Attractive Nuisances’ lies with the property owner, even if they have not made their property open to the public. If you have features such as a pool on your property, you are responsible for making sure that they are safe and secured.

A dog is considered ‘At-risk’ when, without justified provocation, they bite a person without causing serious injury. A dog is ‘dangerous’ when they bite or physically attack a person without justified provocation and cause serious injury, defined by

• Bruising
• Lacerations
• Other injuries that would cause a reasonable person to seek medical treatment, even if they do not actually seek medical treatment.

In this circumstance, ‘physically attack’ refers to aggressive action where the dog and a person come in physical contact.

A dog owner is liable for injuries caused by their dog if they knowingly own or harbor a dangerous or at-risk dog and have not taken appropriate steps to ensure that their dog will not harm anyone. These steps can include:

• Keeping the dog confined in a secure, locked enclosure that it cannot escape and that others cannot accidentally enter, where exit and entrance are controlled by the owner of the premises or dog.
• When off the premises, the dog must be kept on a secure leash held by someone capable of controlling the dog, and, if necessary, muzzled when they might come in contact with the public
• The dog must be permanently identified with a color photograph in a file maintained by the court and local law enforcement, as well as by a tattoo or microchip used for identification at the expense of the owner.
• The premises on which the dog is kept must have clear signs indicating the dangerous dog’s presence, such as signs saying Beware of Dog. They may also require signs with a clear warning symbol so that children can be aware of the danger of the dog, and these signs must be visible from the closest roadway.

And possibly others as determined by the court. Failure to meet the requirements ordered by the court can find themselves liable for the injuries of the victim of the attack, and can possibly even require the dog to be put down.

A lot of the discussion about dog bites revolves around whether the dog is dangerous, or if it has been justifiably provoked. While it can be quite easy to tell if a dog behaves aggressively, what does it mean for a dog to be justifiably provoked? Some of the examples of justifiable provocation for a dog include, but are not strictly limited to:

• The dog is protecting a person within the immediate vicinity of the dog from an attack or assault.
• The person bitten was performing a crime on the property of the dog’s owner or custodian.
• The person had at the time, or previously, willfully tormented, abused, or assaulted the dog.
• The dog was responding to pain or injury.
• The dog was protecting its offspring.
• The dog was working as a hunting, herding, or predator control dog on the property of its owner and the damage or injury was sustained by someone interfering with the dog while it was lawfully engaged in those activities.
• The dog is a service animal that has been trained to do work or tasks for an individual with a disability.
• The person was intervening between two or more animals that were behaving aggressively or fighting.

While a dog’s owner is responsible for taking reasonable precautions to protect others if their dog is aggressive, there are still circumstances in which a dog can be reasonably expected to defend itself.