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Premises Liability Information

BY: David Prakash Kumar | Category: Social Issues | Post Date: 2010-01-26

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   David Prakash Kumar
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Premises liability as the name indicates is the liability of a person if there is any injury occurring to any person who is injured in the premises of another person. There are different types of liabilities that a person can have if another person is injured. There are various factors that can cause injury to the person, but all these do not become liable. If the injury is due to the negligence of the person, then the owner of the premises becomes liable for the injury.

When can premises liability be claimed

Premises liability can be claimed by the individual if the injured person has attained the injury in the premises of another person, due to the negligence of the owner of the premises. The affected person should also have been invited into the premises by the owner to claim under the premises liability.

Who is liable for injuries?

1. The owner of a premise who is staying there: If a person is staying inside a premise, then the person becomes liable in case of injury to another person inside that premises.

2. The owner of the premises who may not be staying there: Even if the owner of the premises is not staying in a particular building, then too the person becomes liable because the liability is because of the ownership, if the building is under the control of the owner. If it has been rented out and is under the control of another person, then the owner of the place does not become liable.

3. The owner of a land that is not occupied, but under the control of the owner: Even if a building or a premise is not occupied by any person, but is still under the control of the owner, then the individual, who is the owner, becomes liable for the injuries that have occurred to the person visiting the premises.

Who can sue the owner of a premise under the premises liability?

Not every person can sue for their injury if they are injured on a particular premise. There are times when the injury may occur to someone who was just passing through the area, but was not invited into the premises; these trespassers cannot sue the owner of the place under the premises liability.

1. Invited person:

A person, who has been invited by the owner of the premises for any reason, can sue the owner of the premises, if they are injured.

2. A licensed person:

There are times when a person who has a license to enter the premises for various reasons, may be injured due to the negligence of the owner of the building. This is also another reason for claiming under the premises liability.

A trespasser will not be able to claim damages under this premises liability because the person was not invited into the premises.

There are various lawyers who deal with cases regarding the premises liability and damages claimed under this, who can be approached for further details.

Article Source: http://www.saching.com

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