When is Your Landlord or Business Responsible to Pay Your Claim?

Landlords and businesses have a responsibility to protect those who enter upon their property. Depending on the status of the person or the type of landlord situation (i.e., residential or business) there will be a standard of care expected when dealing with others entering their property.If a person is injured on the property of a business or injured by an employee, the business will be liable for the injury caused. Businesses typically carry insurance to protect against personal injury claims. It is important for the injured person to know how their injury was caused—this will be crucial to filing a claim against the company.The main legal theory is negligence. That means an injured party will need to prove that an employee of a business or the business itself fell below a standard of care of acting reasonably. For example, a grocery store may have acted negligently by failing to have an employee monitor the floors for any obvious spills. If a customer falls and is injured, the injured party can use the business practices as evidence that the business fell below what a reasonable business faced with the same circumstances would do.If someone is injured in a residential building then there may be a different standard of care depending on the status of the injured person. In the past common law made a distinction between someone as a business invitee (i.e., the cable guy) or a licensee (i.e., an invited neighbor) or a trespasser. Many states are now doing away with such distinctions and placing all types of guests with the same standard of care.

Those who are lawful possessors of rented property have a higher standard of care for a landlord due to the nature of the relationship. It is important for landlords to ensure they are adhering to the law and any leases regarding maintenance of the property.

Landlords should also carry insurance to protect against claims of injuries by tenants and any other visitors to the property.

This article is for informational purposes only and is not to be construed as legal advice. Your case may be different. Hiring an attorney immediately will protect your rights.

Consult an attorney in your area for further guidance. If you were injured by a leased property or business please call one of our attorneys at David K. Kremin & Associates, and we will give you a free consultation. We never charge unless we collect for you. Please call 1(800) ASK-A-LAWYER or 1(800)275-2529, askalawyer@aol.com, 1800askalawyer.com