montana lawyer whose wife runs furniture stores

What is the rule of liability for a tenant?

The general rule holds that a landlord isn't liable to a tenant, or anyone else, for physical harm caused by a condition on the property. This general rule is based partially on the landlord's presumed lack of control over the property once it's leased, but the rule has numerous important exceptions.

What is the duty of a landowner to warn a child?

A landowner's duty to warn is different with respect to children who aren't authorized to be on the property. A property owner/possessor must give a warning if he or she knows (or should know) that children are likely to be on the premises, and that a dangerous condition on the premises is likely to cause serious bodily injury or death. The special duty to children is generally referred to as the " attractive nuisance " doctrine.

What is the legal status of a visitor?

Legal Status of Visitor 1 An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. 2 A licensee enters a property for his own purpose, or as a guest, and is present at the consent of the owner. 3 A social guest is just that, a welcome visitor to the property. 4 Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.

What is the responsibility of property owners?

Property owners (or non-owner residents) have a responsibility to maintain a relatively safe environment so that people who come onto the property don't suffer an injury. This responsibility is known as " premises liability ," which holds property owners and residents liable for accidents and injuries that occur on their property.

How is liability determined?

More specifically, you will find information about how liability is determined depending on: The legal status of the visitor; The condition of the property and the actions of both the owner and the visitor; If the person injured is a trespasser or a child; When both the owner and the visitor is at fault for an injury; and.

What is an invitee on a property?

An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has ...

What is a social guest?

A social guest is just that, a welcome visitor to the property. Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.