Homeowner Premises Liability Laws

Owning a home involves more than responsibility for the mortgage payments. A home owner can also be held responsible for the injury and damages that occur on her property.  This responsibility is known as premises liability.

In most instances, if an individual finds herself involved in a premises liability case, any monetary awards that must be paid are covered by home owners’ insurance.  If the home owner does not have coverage or she has an insufficient amount of coverage, she may be held responsible to compensate an injured individual from her personal resources.

Property Maintenance

If you were under the impression that a person enters the property of another at his own risk, you are mistaken. Liability law requires an owner to keep her property in a reasonably safe condition so as to prevent harm from both invited and uninvited guests.

This means that even trespassers may sue a home owner under certain circumstances. The potential for a lawsuit becomes especially high if a trespasser is injured due to traps or dangerous conditions that the property owner creates to deter trespassing. Furthermore, if the property owner is aware that individuals are trespassing and engaging in potentially unsafe activities and she does nothing about it, she may be held liable for any resulting injuries.

Premises liability laws allow a homeowner to be held responsible even if she is not in control of the property when the injurious event occurs. Say, for example, that the home owner is leasing the property and the renter has a guest who falls and breaks her leg. The home owner’s insurance policy is likely to be the source of coverage for that injury.

Dog Attacks

Dog bite laws also affect premises liability. The degree of liability that is imposed upon home owners with regards to dog attacks varies from state to state. However, almost all home owners bear responsibility for the actions of animals to some degree.

In some places, the property owner is not liable if she has taken reasonable measures to warn people about a potentially dangerous animal. Laws in other jurisdictions allow a property owner to be held liable any time someone is injured by a dog on her property, no matter how many preventative measures she has taken.

Legal Representation

If you believe that you have a premises liability case, you should contact a personal injury attorney. Avoid jumping to conclusions about factors that you believe release the property owner from liability. Instead, allow a legal professional to assess your case.