Текст 11. Premises Liability. Ответственность фирмы за несчастные случаи, связанные с её помещением

(3.000)

Every business has а business location, and that location is а potential quagmire of legal liability. Premises liability is of greatest concern to stores restaurants, hotels, and other businesses that have frequent customer traffic, but even companies that do not deal directly with the public must keen it in mind because they are likely to bе visited bу repair people, salespeople, exterminators and the like. Premises safety also affects the number of worker's compensation claims that mау bе filed bу employees. This chapter describes strategies for minimizing dangers оп business premises and thus minimizing premises liability.

Тhe condition of а business's office or production plant is the responsibility of the firm's owner. Every business owes certain levels of care to the responsibility of the types of people who enter its premises, from employee to customer to trespasser. Customers, employees, and еven (believe it or not) trespassers all enjoy varying degrees of legal protection when they are on business prореrty.

Liability to Eтployees and Other Licensees. Employees are termed licensees when they are on the employer's property. Repair persons, meter readers, and, in some states, police officers and medical personnel also fall into this category. Typical premises dangers for licensees include loose steps, slippery walks, and lack of guardrails. Worker's compensation covers employees for injuries likely to result from such dangers, but an employer is nonetheless legally responsible for correcting any dangerous conditions known to exist. A voiding injuries сan keep insurance rates down and is particularly helpful for the self insured employer.

Liability to Cиstoтers and Other Licensees. Customers and patrons of а business, or invitees, are given the highest degree of legal protection while оп business premises. То fulfil responsibility to these people, the owner of the business not only must correct аnу known problems but also must I inspect the property periodically in order to discover anу developing or new defects.

Falls on slippery grocery store floors are classic examples of invitee liability. One typical litigation question in cases resulting from such falls concerns the color of the object that caused the fall, because determining how long the object had been there is а key to establishing the lack of care of the premises owner.

Liability to Trespassers. At one time, а business owner's only legal duty to trespassers was not to intentionally injure them. А business owner could not set а mantrap in order to cut down on burglaries, for example. Now the duty to trespassers has bесоmе somewhat muddled, due mainly to questions about when someone is considered а trespasser and when bе or she becomes а licensee. For example, if а business owner knows of trespassers оn the property and does not try to prevent their entry or have them removed, this is taken to imply consent for them to be there and causes them to be counted as licensees, who have greater legal protection than trespassers.