Premises & On-Site Liability

Premises liability is the legal principle that property owners have some level of accountability for accidents and injuries on their property, or premises.

This type of insurance impacts businesses that own business property and that are legally responsible for the safety of invited guests to that property. Regardless if your client operates their business out of their home, or at a business property, their premises pose some level of potential for accident or injury.  The level of danger faced by guests of a business vary based on the nature of the business and property location. Help owners consider their property and the business in planning for accident prevention and safety.

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Liability Considerations

Relationship of the Injured Party

One of the key considerations for your client when examining liability due to an accident or a slip and fall on their premises is the status of the injured party upon entry. Your client is most liable when the injured is an invited guest, such as when a business opens its doors to customers. Trespassers who enter the premises without invitation or permission pose the least burden of liability to the owner of the property.

Other Premises Liability Considerations

Other factors for your client to take into consideration, in the event of an accident, is the extent to which the owner of the property went to to establish a safe environment for legal visitors.

Key issues include: whether the property was being us as intended by the property owner when the incident occurred, the “foreseeability” of the owner when the incident occurred, and whether the owner did enough to inform the visitors about the potential dangers and did enough to fix the dangerous conditions. Your client's burden of protection and adequate warning increases with children are expected potential guests on your the property.