Boats are avenues for fun, leisure and entertainment. If you own a boat, you probably love inviting others to fish, ski, swim, and explore with you often. For many, boating recreation goes hand in hand with adult beverages and a certain amount of horseplay. Accidents can happen and sometimes people get hurt, but if injury happens on your property you may be responsible.
What is Premises Liability?
People have a reasonable expectation of not getting hurt when they set foot on your property, be it your home, property, boat, etc. This means you as a property owner (or non-owner resident), are responsible for maintaining a relatively safe environment for your guests. This is referred to as “premises liability.” For example, if the mail carrier delivers a package to your home and slips and falls on a slick driveway, she may sue you for injuries. But if that same mail carrier happens to be intoxicated or otherwise acted unsafely, then she may not have a valid claim against you.
What determines Premises Liability?
The laws and procedures of the state in which the injury occurred determine the liability. Sometimes courts in some states will focus on the status of the injured visitor when they determine liability. Other times, they will focus more on the condition of the property or the activities of both the owner and visitor at the time of the incident. As an occupier of the land, it’s important to remember you are treated in the same manner as a landowner in many situations. This is the case even if you are a renter.
What factors are taken into consideration for Premises Liability?
The following factors may have weight in determining whether or not you are liable for an injury sustained on your property:
- Legal Status of Visitor: Invitee, Licensee, or Trespasser?
- Conditions of Property
- Actions of Visitor
- Circumstances Under Which Visitor Entered the Property
- Typical Use of the Property
- Foreseeability of the incident that occurred
- Reasonableness of the Owner/Possessor’s effort to repair dangerous condition
- Children on Property
Caulfield Premises Liability Attorneys
If someone was injured on your property, home or boat, contact the experienced Caulfield Premises Liability Attorneys. Contact Bryan Caulfield, now. Connect with us online or call 800.535.2529.