For most homeowners, their domicile or surrounding property is literally a lawsuit waiting to happen — and they don’t even know it. Nobody wants to get sued, and no one wants to be responsible for a serious injury to another person. Fortunately, with a little knowledge of premises liability and some simple precautions around the house, it’s very easy to avoid an injury causing accident on your property.
The first thing you should be aware of is the expectation of safety that you are accountable for on your property. In personal injury law, this is what’s called a “duty of care.” Depending on the circumstances of a specific situation, you owe a person on your property a duty to maintain a reasonably safe premises. The level of care required to fulfill this duty depends on who the person is and what they are doing on your property.
The way in which the level of care you owe for a specific person in a particular situation is determined is through its categorization into one of three legal statuses. The three are called licensees, invitees, and trespassers.
The first class of visitor status is called invitees. Invitees are guests that you have invited on your property or inside your home. Usually, this type of class is assigned to individuals who are at your home for a social gathering. Since you invited them to your property, they have a high expectation that the premises will be safe; and therefore, are owed a high level of care. In order to avoid liability for the injury an invitee, you should be sure that there’s no inherent safety risks, such as an open construction site, and you should be aware if something is spilled or slippery surfaces arise. As long as you address these hazards in a reasonable manner, your risk of liability will be very low.
The next class of visitor is a licensee. A licensee is a person who is on your property to perform a specific task, which is usually a professional service. It doesn’t matter whether you hired them, as long as they are there for a professional reason. An example would be either a plumber, or a city inspector. This class of people are owed a slightly less demanding level of care than invitees, but significantly more so than trespassers. Like invitees, you need to be sure that no hazard on your property poses a threat to the safety of a licensee.
The last class of visitors is trespassers. Don’t assume that just because someone is trespassing on your property that you cannot be held accountable for their injuries. While trespassers are owed the least significant duty of care, you may still be legally on the hook for any injury incurred. The best way to avoid liability in the event of a trespasser’s injury is to secure your property with a fence. If you have a dog prone to attack intruders, be sure that you have a warning sign displayed.
Regardless of what legal status a visitor has on your property, a little caution and proactive attitude towards safety can negate your liability in the event of an injury. If you have a pool, be sure that it’s enclosed and inaccessible to unmonitored children. If it’s snowing, make sure your outdoor walkways are free of ice. It’s just simple things like these, that are often common sense, that can mean the difference between a major lawsuit and zero liability.