Renters' Liability
Author | Jeffrey Wilson |
Pages | 1231-1233 |
Page 1231
Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. Those responsible for the premises can be held liable for injuries, which occur on the property, even if another person or entity is the lawful owner of that property. If a person slips, trips, or falls as a result of a dangerous or hazardous condition, the renter and property owner may both be responsible in some manner. Several categories of persons to whom property owners and those renting the premises may be liable exist, and the duties of protection owed to each group are different.
Where, by express or implied invitation, a person induces or leads others to come upon a particular premises for any lawful purpose, a duty to exercise ordinary care arises to keep the premises safe. The invitation may be express, implied from known and customary use of portions of the premises, or inferred from conduct actually known. Workers or contractors are typically considered invitees.
A licensee is a person who has no contractual relation with the premises but is permitted, expressly or impliedly, to go on the premises. A social guest at a residence is normally considered a licensee. Liability to a licensee only arises for willful or wanton injury. It is usually willful or wanton not to exercise ordinary care to prevent injuring a licensee who is actually known to be, or is reasonably expected to be, within the range of a dangerous act or condition.
Surprising to many is that a duty is also owed to those without permission to be on the premises. A trespasser is a person who enters the premises of another without express or implied permission, for the trespasser's own benefit or amusement. The duty to a trespasser is not to prepare pitfalls or traps for the trespasser nor to injure the trespasser purposely.
Insurance is a legally binding contract, typically referred to as an insurance policy. The contractual relationship is between the insurance company and the person or entity buying the policy, the policyholder. The policyholder makes payments to the insurance company, which can be monthly, quarterly, or yearly. The insurance company agrees to pay for certain types of losses under certain conditions, which are set forth in the policy.
Page 1232
One requirement for insurance is that the policyholder needs to...
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