What would happen if you were at a business and you are injured? What if the owner of the business was responsible for the event that caused your injury?
It happens every day. You might slip and fall in a restaurant. Perhaps you slipped and fell on a wet floor at the grocery store. Or maybe you get mugged in a parking lot that didn’t have adequate security.
If something like this has happened to you, then you may be entitled to compensation. This article will discuss premises liability and how it works.
Responsibility Of The Owner
The company that owns the mall is obligated by law to make sure that its customers are safe. This means they are required to take reasonable measures to protect everyone inside of the building.
The owners of the mall must take whatever precautions are necessary when protecting their patrons. These precautions can include:
-Keeping the facility in good repair.
-Making sure customers are aware of any dangerous areas.
-Hiring security to protect customers against assault.
If the owners of the mall are not diligent about protecting their customers, they can be held liable for the injuries that are sustained. In the example above, it is clear that the owners of the mall were remiss in their obligation to hire adequate security.
Responsibility Of The Injured Party
It’s not only the owner of the mall that has a responsibility; the visitors are also required to behave in a way that promotes safety. If you acted in a way that caused your injury, it is very unlikely that you will win your lawsuit.
Here’s an example. You go into the mall and decide to ride on the carousel, by standing on the horses. If you happen to fall off and sustain an injury, not only will you look foolish, it is very unlikely that you will be able to file a successful lawsuit.
Status Of The Visitor
In the eyes of the law, visitors can be grouped into three different categories. These categories are invitee, licensee, and trespasser.
An invitee is a visitor that is invited onto the premises of the mall. This can include customers, repairmen, etc. In the case of invitees, the owner of the mall is obligated to take all necessary steps to keep them safe.
A licensee is a visitor who has not been invited onto the premises but is allowed to be there. This can include sales professionals and other business associates. While they are not invited, the owner is still required to maintain their safety.
A trespasser is someone who enters the property without being invited or permitted. They are on the property illegally. This includes thieves, burglars, robbers, and muggers. In the case of these types of visitors, the owner of the mall is not obligated to maintain their safety.
If you were injured in an incident that was caused by the negligence of the owners of an establishment, you may be entitled to compensation. Consult with a local attorney to find out what steps to take. If you’re not sure if you have a viable case, contact the Benedict Morelli Law Firm today!