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What leads to premises liability claims?

by | Aug 19, 2021 | Premise Liability

Accidents don’t always result from someone being “clumsy.” Slipping and falling on a cracked Georgia driveway may lead fingers of blame to point toward the property owner. Allowing a public walkway to fall into neglect puts others at risk, so the responsible party might face liability claims for injuries. Premises liability claims take other forms beyond slip-and-fall accidents, and owners might find it financially helpful to address any perils present.

Concerns about premises liability

Performing repairs reflects one way a property owner could cut down on accidents. Replacing a broken railing could keep someone from falling. Making sure a yard or walkway is free of debris and other hazards may help as well.

What happens when someone trespasses on the property? If so, the injured trespasser might have a hard time with any legal claims. Whether someone was legally allowed on the property factors into the viability of a claim. That said, if a child saw an “attractive nuisance” and entered the property, a trespassing defense might not apply.

A worker on the property could leave a tool on the sidewalk, resulting in someone’s injuries. In such a scenario, the worker might face the liability claims and not the owner. However, if the property owner knew the tool was on the ground and refused to remove it, the owner could share liability.

Seeking a solution to an injury

Premises liability claims center on who was negligent. Did someone commit an action that caused harm, or did the person fail to take timely and reasonable steps to address a peril?

A homeowner’s, renter’s, or general business liability policy could cover premises liability cases. If the policy assumed the risk, the provider might need to pay.

Property owners and renters may wish to take action to address any hazards. Loss prevention seems easier to perform than dealing with insurance claims and litigation.