Premises liability | It can happen to you and Skaug Law can help!
Premises liability is not something any of us think will happen to us, especially at home. And typically in almost any type of personal injury case, our premises liability lawyer might see, premises liability only applies if the homeowner was negligent and their negligence was a cause of your accident. Simply falling on someone’s property, for example, does not mean that there was negligence on the premises.
If someone is hurt at your house or on your property, as a result of an accident or any kind of unintentional mishap, the premises liability provision of your homeowners’ insurance policy will typically kick in to cover any personal injury claim that is filed.
What is premises liability:
There are 3 types of Liability recognized bylaws in the state of Idaho.
1. Premises liability: What happens when injuries happen to visitors at your home or business.
2. Personal liability: What happens when an injury occurs to someone or someone’s property is damaged as a result of your actions.
3. Business liability: What happens when a person or business claims they have suffered bodily injury, associated medical costs, and damage to their property because of your business or business practices.
Does it apply to trespassers?!
As a general rule in Idaho property owners are not responsible for trespasser injuries. In any personal injury lawsuit by a trespasser against a property owner, the court will essentially say, “Property owners are not usually liable for injuries to trespassers, so prove why your case is different.”
The law requires plaintiffs in these cases to prove both that they had permission to be on the land and that the owner’s negligence caused their injuries. As a result, your reasons for entering the land may be a determining factor in deciding whether a property owner is at fault for your injuries.
When do you have a premises liability claim:
When a property owner neglects their responsibilities, visitors are at risk for serious injuries. If you are injured in a store or public place or bitten by a dog, someone is usually liable for damages.
Likewise, business owners are responsible for keeping their premises safe for their customers. It is their job to keep sidewalks shoveled, make sure someone is promptly cleaning liquid spills, and keeping the floor free from debris or anything else that can be done, within reason, to keep premises safe. When a property owner neglects this responsibility, visitors are at risk for serious injuries and business liability risks increase.
A few other points that business owners are responsible for:
- Make sure there is no potential for falling objects
- Ensure sturdy well-maintained handrails
- Ensure brightly lit parking lots or stairwells
- Ensure there are no malfunctioning doors, escalators, or elevators
Idaho classifications of individuals claiming liability:
In Idaho, individuals are classified into three categories when on another person’s property, and they each carry their own rules.
Invitees: These are individuals who enter land for business purposes. The visit must confer a tangible benefit to the owner. Landowners have a duty to provide ordinary care to all invitees An example of an invitee is an individual shopping at a store
Licensees: A licensee enters another’s land for their own benefit. An example of a licensee is a Social guest, such as guests at a party and family members. Landowners must refrain from intentionally injuring licensees
Trespassers: These are individuals who enter land without permission or who remain on the property after being told to leave. Landowners have no duty to protect a trespasser if they had no reason to suspect an individual was on the premises. If there is a reason to suspect a trespasser, the owner must only refrain from intentionally or recklessly harming the visitor
Premises Liability in Idaho FAQ
Premises liability can be confusing, call us for a free consult:
Our attorneys at Skaug Law can help you to pursue compensation for damages such as medical bills, lost earnings, and mental anguish. Schedule your free consultation today. Let the lawyers at Skaug Law help you win the maximum and find peace again.