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Home » Blog » What Should Business Owners Know About Premises Liability?
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What Should Business Owners Know About Premises Liability?

By Legal Desire 6 Min Read
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As a business owner, there are plenty of legal scenarios and topics you need to be well-versed on, one of which is premises liability. Premises liability is your legal obligation to keep your property safe. In addition to being applicable to business owners, it can also apply to homeowners when they have guests, employees, or other people on their property.

Contents
The BasicsSlip and Fall AccidentsHow Is Fault Proven in These Cases?How to Keep Your Property Safe

The Basics

As a business owner, whether you rent or own the space where your business is located, you are responsible for the people who come inside. This includes employees, customers, vendors, and solicitors. Trespassers can even have some limited levels of protection under premises liability law, believe it or not.

If there is an accident or situation leading to an injury, your landlord might sometimes be sued for negligence, but usually, it’s you as the business owner who will take on the burden.

Many landlords will even put clauses in leases and rental agreements that require the tenant to take full responsibility for maintaining the property’s safety. If your landlord is sued as such, you can still be responsible for the expenses stemming from the lawsuit.

Slip and Fall Accidents

The most common type of injury that occurs on business premises is slip and fall accidents. Slip and fall is a term used for a personal injury case where in general someone trips or slips and is injured on the property of another person.

Some of the conditions that contribute to slip and fall accidents are flooring changes, poor lighting, wet floors, torn carpeting, and narrow stairs. Flights of stairs and cracked sidewalks can also contribute to slip and fall accidents. Slip and fall cases can relate to someone being hurt on your premises because of ice, snow, or rain too.

How Is Fault Proven in These Cases?

In slip and fall cases, there’s not one specific set of standards used to determine fault. The case focuses on the actions taken by the property owner or the person using the property to reduce the likelihood of these kinds of injuries occurring.

To prove fault, an injured person would have to show that the cause of their accident was a dangerous condition, and the owner or possessor of the property knew that danger existed. The dangerous condition in question has to be an unreasonable risk to someone on the property. The injured party should not have been able to anticipate it under the circumstances.

Outside of businesses, some of the residential instances of premises liability cases include pool accidents and animal bites.

How to Keep Your Property Safe

The most important thing you can do as a business owner when it comes to property liability is to keep your premises as safe as possible. Accidents will always happen, but there are things you can do to reduce your risk exposure.

First, make sure you have at least a general commercial liability insurance policy. That can save you enormous amounts of money and may cost only a few hundred.

Beyond having the right insurance, the following tips may help as well.

  • Regularly inspect your property and have your employees help you monitor any conditions that could be considered unsafe. A safe workplace isn’t just good to shield you from legal liability—it can also help your employees be healthier and more productive. It’s always better to detect possible liabilities before they turn into a problem.
  • If you do detect an issue, correct it immediately. Never assume someone else is going to do it. Train your employees that if they notice the issue first, they should do the same. Let your employees know specifically what your requirements are for detecting, reporting, and remedying issues.
  • If there’s something you can’t fix right away, think about putting up a warning sign so it can be avoided in the meantime.

One of the best things you can do for yourself as a business owner in any situation is to learn the laws and how they apply to you. Laws vary by state and depending on the state where you live you may have more or less protection than average.

If you’re proactive in learning laws, then you’re better prepared to avoid potential challenges that can arise.

Slip and fall accidents can be costly, but almost always can be avoided. If they can’t be avoided, having the right insurance can provide you with the protection you need.

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Legal Desire October 6, 2020
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