INTERNAL MEMO 2
TortLiability for Small Business Actions
TortLiability for Small Business Actions
Whena person enters a property, they have a rational expectation ofavoiding injury. Therefore, it means that for a property owner, it isa responsibility to maintain a moderately safe environment. The lawsummarizes it as "premises liability"(Davies,2010).For instance, in the case that the new entertainment venue becomesoperational, which includes serving food and drinks to athousand-patron capacity, it faces some legal boundaries under Law ofTorts. Some of these will include intentional torts, negligence,strict liability, and liability of employees and the owners in andaround the premises.
Thelegal lines of tort law hold property owners and residents are liablefor accidents and injuries that arise on their property. Such kindsof occurrences that may result in premises liability claims rangefrom a simple slip on the sidewalk to an injury from a fight to eruptfrom the recreational area.
Statelaws and procedures determine the burden of the liability dependingon the incident and the premises’ regulations. Different stateshandle these cases differently. Some may focus on the injured visitorwhile others determine their jurisdiction on the conditions of thepremises and the regulations, rules and warnings that run thepremises. It is crucial to recall that in many situations, thecurrent owner or lessor of the property faces treatment by law as theproprietor of the property
Intentionaltorts: Trespassers on Property
Inview of states that focus on the injured visitor of the premises,certain terms apply. These include invitee, social guest, licensee,or trespasser. An invitee refers to a person requested onto another’sproperty, for instance, a customer in the entertainment venue. Aninvitation of the party means that the owner has in place some safetymeasures to protect the foreign party. The licensee is a party thatenters the property for personal purpose, or as a social guest, andthe owner is in consent of their presence. Lastly, a trespasser is aparty that enters the premises without owner’s consent. Among thethree, it is only the invitee that the property owner can guaranteetheir safety (Davies,2010).
Onthe other hand, many state laws aim at first separating the legallypresent parties on the premises when the accident occurs (invitees,social guests, licensees) and the rest who are illegally presentwithin the premises (trespassers) (Davies,2010).
Regardingtrespassers, in the event that the owner is aware of potentialtrespasses in the property, he, or she has with a responsibility togive judicious warning to in preventing injury. It applies only insituations that the owner is aware of potentially maintainedartificial conditions that are likely to cause serious damages orinjury where in this care the presence of cooking gas, glass, andmetallic material in the property and crime rate in the area count.However, in such cases, it may be unnecessary for the property ownerto give warnings to trespassers for obvious dangers.
Ignoranceof the high criminal activity in the area potentially affecting theentertainment venue is not a reliable defense. Legal standardsrequire that the property owner ought to have “reason to be aware”of the social safety especially when it comes to crime from a thirdparty. A possessor of land, by law, has a duty to study criminalactivity in the locality that potentially threatens the premises. Inthe case of the soon-to-operate entertainment venue, it is the owneror the management’s responsibility to scout the surroundings andcreate counter safety measures like hiring policing or other forms ofsecurity to protect their patrons. In an incident that the premisesface attack from the surrounding crime, patrons may bring up claimson inadequacy of the property’s security despite prior knowledge bythe owner regarding surrounding safety level. Therefore, it is uponthe management to ensure adequate security to counter insecurityforecasts.
Strictliability: Children on Property
Inthe case of the upcoming entertainment venue, since the business isin a potentially insecure area, and the venue serves alcoholicdrinks, it is highly dangerous to entertain the presence of children.It is the owner’s responsibility to set strict policies on thepresence of children to avoid cases as kidnapping, child injuries, oreven death at an extreme case. A property possessor ought to givecautioning upon the knowledge that children present on the premisesand that a hazardous condition on the property is likely. For thebusiness to find liability before the law, it must have the burden oferadicating the dangerous condition as compared to the defendant’s,in this case, ability to exercise care to their children/ child.
Liabilityof employees and the owners in and around the premises
WhenBoth Parties are at Fault
Commonlyin legal procedures, for instance, the owner of a new entertainmentvenue may reduce their liability before the law by claiming theplaintiff’s reluctance to exercise required personal care withinthe premises. It is a visitor’s duty, in most circumstances, tomaintain reasonable care for their own safety. When an individual inthe premises fails to uphold their end, here, it ends up reducing hisor her claim before the law. A majority of states observe a"comparative fault" approach in individual injury cases(Davies,2010).It means that the plaintiff’s legal damages decrease by apercentage corresponding to their negligence in the occurrence.Therefore, say the plaintiff has a 30% responsibility for theincidence, and the damages accrue to $20,000, the plaintiff willreceive $14,000.
RiskManagement: Special Rules for Lessors and Property-owners
Whenit comes to the lessor of property, special contract laws limit himor she from any liability resulting from the property and its premiseafter the lease contract is in action. The motive for this is thelessor has little or no control of the property after the leasecontract takes effect. However, there are few exclusive instanceswhere the lessor becomes liable for incidences on the property, evenafter commence of the lease contract (Davies,2010).With the presence of a latent defect, which refers to a hidden,irrationally risky condition, on the property. When a latent defectwas present at the time of the lease signing, the lessor becomesliable in an incident due to the same. Other exceptions include whenthe lessor controls the property, opens public admission in thepremises, or takes up the responsibility of repair.
Possibilityof a guarantee, irrespective of the actions taken by the propertyowner, that there will be no individual lawsuit for negligence insecurity provision, especially in the entertainment venue, with ahigh crime and capacity of a thousand patrons. However, it isnecessary to have measures in place to counter rising claims. It isthe business’ duty to have security measures in place inanticipation of any crime resultant incidences and include thepersonnel within the protection bracket. Finally, third-partycontractors ought to be aware of property laws within the venue andtheir involvement in the same.
Davies,P. L. (2010). Introductionto company law.Oxford University Press.