Premises Liability Law Doesn't Protect Reckless Behavior

Premises liability is the set of laws that makes an occupant or owner of a residence, building or piece of land responsible for any injury occurring on the piece of property. This liability extends to injury caused by a failure to repair an item on the property, a failure to make the property safe and other situations in which the owner should have know that injury could occur. However, premises liability law does not cover those guests and visitors that are injured as a result of reckless behavior.

Reckless Behavior Defined

Reckless behavior are those actions that an individual should reasonably know will cause injury or harm to themselves or other people. The definition depends on the age and mental capabilities of the person that acted recklessly. This means that a child will only be expected to know about those reckless behaviors that are within his scope of knowledge. An adult, however, will be expected to have more knowledge about the chance of causing harm.

The Status of the Individual

While premises liability typically distinguishes between those guests that have been invited on the property for their own or the property dweller’s benefit and those individuals that are trespassers, this distinction is not made in the case of a person acting recklessly.

The Effect of Reckless Behavior on Recovering

Reckless behavior means that the injury was not caused by the property owner’s failure to maintain the property or keep guests safe. The law does not protect individuals who act recklessly, meaning that there is little chance of recovering for injury a person causes themselves.

Getting Legal Help

If an individual has been injured on your property and you think the injury was caused by their reckless behavior, you should seek legal representation to defend you against any demands or claims for repayment. An attorney will be able to analyze the facts of your case and identify whether an injured party acted recklessly.

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