The suit seems to rely in part on the legal theory of premises liability, in which the owner or manager of real property has a duty to maintain
reasonably safe premises for guests, and to warn guests of known hazards.
The court found the business had a duty to exercise reasonable care in providing
reasonably safe premises when it knew or should have known of a risk on the premises.
Inadequate lighting, poor condition of the floor tiles or ripped carpeting qualify as dangerous conditions which tends to prove a property owner failed to maintain
reasonably safe premises.
Not exact matches
The law demands that you make your
premises reasonably safe for customers and potential customers, but the list of protected people doesn't stop there.
Accordingly, plaintiff alleges, the course breached its duty to (a) «secure the
premises of the golf course and to warn its business invitees, including the Plaintiff, of the alligator's aggressive presence, size, or aggressive behavior;» and (b) «make the golf course
premises reasonably safe for the Plaintiff and to warn the Plaintiff of the presence of the large, dangerous, and aggressive alligator.»
In Florida, owners of parking lots have two duties of care to their invitees: (1) to maintain the
premises in a
reasonably safe condition and (2) to give warning of concealed perils.
If an individual has been invited or allowed onto the owner's land, that individual will be designated an invitee or licensee under some states» laws, and the owner will be held to a duty of care to keep the
premises reasonably safe for such individuals.
Most of the time, it's the responsibility of a property owner to maintain
premises that are
reasonably safe.
In the result, although because of the landlord's status as an occupier and as a landlady on whom an obligation rests to ensure the
premises were
reasonably safe for persons using them, the judge found the landlady at fault.
The owners or operators of gyms, fitness centers, or health clubs have a responsibility under
premises liability law to keep their
premises safe from
reasonably foreseeable types of hazards.
Section 3 of the OLA provides that all occupiers must take care to ensure that persons and property remain
reasonably safe while on their
premises.
Property owners in Tennessee and neighboring states have an obligation to keep their
premises in a
reasonably safe condition so that people who enter the property lawfully are not exposed to unreasonable risks.
Hotels have a responsibility to make their
premises reasonably safe for their guests.
While property owners have duties to maintain the
premises in a
reasonably safe manner, visitors to the property also have a duty to take reasonable precautions to stay
safe.
The legal significance is that a possessor of land has the duty to an invitee to inspect the
premises for hidden defects and to repair or erect safeguards, if necessary, to make the
premises reasonably safe.
Premises liability refers to a landowner's obligation to keep his property
reasonably safe for people that come on to his property.
The owner of the gas station property, or the owner or operator of the business if the building and / or land are leased, have a duty to keep the gas station
premises reasonably safe.
Translating those obligations into the circumstances of this case, Sharp LJ confirms that the question which ought to have been asked was: «Whether, as a matter of objective fact visitors to the school were
reasonably safe in using the
premises, including for this purpose, the water fountain, bearing in mind of course that children do not behave like adults, and are inclined to lark around.»
Property owners have a duty to maintain a
reasonably safe environment for their visitors, so the Seattle
premises liability attorneys at Ward Smith, PLLC can help you fight to ensure that they are held accountable.
Slip and fall claims are also called «
premises liability» cases because they are based on a legal duty to ensure that a
premises is
reasonably safe.
All business owners are required to maintain their
premises in
reasonably safe condition and warn of hidden dangers.
This is based on
premises liability which holds that owners and occupiers of property have a duty to keep their property
reasonably safe for visitors.
Under British Columbia's Occupiers Liability Act, owners and occupiers have a duty to ensure that the
premises is
reasonably safe for others.
Business owners owe a duty to people who are lawfully on their
premises to keep the
premises reasonably safe and free from dangerous conditions.
Landowners or occupiers have a duty to guard against foreseeable injuries and to maintain a
premises in
reasonably safe conditions.
A recent California case involving a woman who was injured when she tripped over an unattended ladder in Target demonstrates both the business's knowledge requirement as well as its duty to remove hazards, keeping the
premises reasonably safe.
The OLA imposes on any «occupier of
premises» a duty to ensure that an invited person «will be
reasonably safe in using the
premises.»
This court abolished, in
premises liability actions involving a slip and fall on snow and ice, the distinction between natural and unnatural accumulations of snow and ice, which had constituted an exception to the general rule of
premises liability that a property owner owes a duty to all lawful visitors to use reasonable care to maintain its property in a
reasonably safe condition in view of all the circumstances [370 - 384]; further, this court saw no reason to limit its holding to prospective application [384 - 386].
Property owners have a duty to maintain their
premises for visitors to make sure it is
reasonably safe.
You have the right to expect the property to be
reasonably safe under these
premises liability laws.
The landowner, property manager, landlord, tenant, occupant, etc. breached their legal duty to the injured party (typically by failing to keep the
premises reasonably safe and / or to warn of any known dangerous conditions on the property, or failing to investigate the potential for dangerous conditions in a commercial setting)
They must also keep the
premises in a
reasonably safe condition.
Under the Occupiers» Liability Act in Ontario, ski resorts are allowed to restrict, modify or exclude their duty to ensure that people entering their
premises are
reasonably safe.
The landowner, property manager, landlord, tenant, occupant, etc. owed a legal duty to the injured party (typically, a duty to keep the
premises reasonably safe and / or to warn of any known dangerous conditions on the property, as well as a duty to investigate the potential for dangerous conditions in a commercial setting)
Yes, a person can sue for damages caused to their then - unborn child by lead paint in an apartment where it can be established that the landlord was negligent in maintaining the
premises is a
reasonably safe condition.
In general, the restaurant owner or operator has an obligation to keep the
premises in a
reasonably safe condition.
If a child's trespassing is
reasonably foreseeable to a homeowner because, for instance, the homeowner's
premises contain an attractive nuisance (something particularly attractive and enticing to children, such as a swimming pool or playground equipment), a duty to exercise reasonable care to keep the
premises safe for such a child trespasser arises on the part of the homeowner.
In such cases, property owners and landlords may be liable in a suit against them or a claim for damages, as they have a legal responsibility under
premises liability law to provide a
reasonably safe environment for their tenants.
Premises liability is the legal term for the responsibility of owners of real estate to keep their properties
reasonably safe.
Premises liability refers to the responsibility of the owner or manager of a property to make sure it is
reasonably safe for the people who use it.
Property owners have a duty maintain
premises in a
reasonably safe condition.
The law of
premises liability holds residential and business owners responsible for making sure that their property is
reasonably safe.
An «occupier» is defined in the legislation as including «(a) a person who is in physical possession of
premises; or (b) a person who has responsibility for and control over the condition of
premises or the activities there carried on, or control over persons allowed to the
premises...» An occupier's duty of care under the legislation is as follows: «An occupier of
premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the
premises, and the property brought on the
premises by those persons are
reasonably safe while on the
premises.»
In this case the courts said that the duty for the occupier is to make the
premises reasonably safe.
There just needs to be evidence that the occupier took reasonable steps to make the
premises reasonably safe.
We would have an engineer attend at the
premises to determine whether or not the railing indeed violated the building code or was not a
reasonably safe...» Read this article
Premises liability law, which requires an owner or manager of land to maintain the premises in reasonably safe condition and warn visitors of known hazards, imposes few obligations in regard to tres
Premises liability law, which requires an owner or manager of land to maintain the
premises in reasonably safe condition and warn visitors of known hazards, imposes few obligations in regard to tres
premises in
reasonably safe condition and warn visitors of known hazards, imposes few obligations in regard to trespassers.
It has to be proved beyond a doubt that someone was negligent or should have
reasonably known that the
premises were in an unsafe condition, and that they still did not take proper steps and precautions to make it a
safe space.
the plaintiff must point to some act or failure to act on the part of the defendant which resulted in the injury, this act or failure to act being a breach of the defendant's positive duties to take reasonable care to ensure the plaintiff was
reasonably safe while using the
premises.»
Although a business invitor is not a guarantor of the safety of those who might be expected on the property, a duty remains to maintain the
premises in a
reasonably safe condition for prospective business invitees.