What is the Property Owner’s Duty of Care?The property owner has a duty of care for both the licensees and invitees. For a property owner, a licensee is anyone who is given permission to enter the property for their own purpose, while an invitee can be either a neighbor, business contact, friend, or family member having permission to enter. Although the property owner is not obligated to show care towards a trespasser, they are still required to ensure no harm is done due to owner’s negligence to anyone present on their property. No claims can be filled if the trespasser was a child.
Highlighting Dangerous ConditionsAccording to the Premises Liability Act, dangerous conditions involve negligence or known errors that cause injury. If an invitee or licensee gets injured, they will have to prove the owner of the property knew about its dangerous conditions, or failed to rectify issues, leading to a possible and present injury. Some examples of dangerous conditions include:
- Any premises with a loose or broken ceiling,
- A slippery, oily, or wet floor,
- Damaged steps,
- Poor electrical wiring, and absence of ventilation,
- Inadequate building security leading to an assault, theft, or death,
- Swimming pool related injuries to children and adults due to unsecured or unguarded premises,
- Spillover of chemicals and hazardous material during construction work or normal work process.
- Dirty or unpaved off-road riding facilities.