Premises owners in Duluth owe a duty of care to individuals who are present on their properties. The highest duty of care comes from business owners towards customers who are present on the business’ premises and are there for a business purpose. In other scenarios, the exact duty of care that the premises owner owes to an individual who is present on the property depends upon the specific circumstances and reasons why the individual is present.
In the context of a business, an invitee is present on the premises to serve a business purpose. For example, a customer at a grocery store, shopping mall, or shopping center is considered a business invitee. A premises owner owes a business invitee the highest possible duty of care.
Specifically, the business owner is responsible for correcting or warning about known dangerous hazards that exist on the property. A business owner or manager must place a warning placard by a spill in a public restroom to make customers aware of the spill until an employee can clean it up. Moreover, the business owner is responsible for inspecting the premises regularly for hazards that may arise from time to time.
Unlike business invitees, a licensee (also known as a social guest) is present on the premises for a reason that does not serve a business purpose. A person who visits someone else’s home for dinner, for example, is typically considered a social guest. Much like the case with business invitees, premises owners are responsible for warning about or repairing a known dangerous hazard that exists on the premises. These are typically the types of hazards that an individual is not likely to come across during a reasonable inspection.
The final classification of individuals who may be present on someone else’s premises is a trespasser. Ordinarily, a premises owner does not owe a trespasser a specific duty of care. However, if the trespasser is a known trespasser, such as a small child who is known to wander onto the property periodically and about whom the owner is aware, the property owner may owe a duty of care.
Just because an individual enters the premises as a business invitee does not mean that their designation will remain the same for the duration of their stay. For example, if an individual goes to business premises to serve a business purpose, but later trespasses into an area where customers are not permitted, then the duty of care owed to that individual will most likely change.
If you have sustained injuries on someone else’s property in a slip and fall accident, the experienced Duluth slip and fall accident lawyers at Brauns Law Accident Injury Lawyers, PC can determine if someone owed you a duty of care and if that same someone likely violated that duty of care. Upon making that determination, your lawyer may file a claim or lawsuit against the responsible individual or entity on your behalf.
