Legal talk: An overview of premises liability
According to David Cates of the law firm Cates Mahoney, LLC, premises liability is a legal theory that states that property owners — or managers, operators, or tenants — may be responsible for ensuring the safety of their guests. The person or entity that has control of the property may be held liable if people are hurt while on their premises.
Property owners and managers may be responsible for individuals who have permission to be on the premises, including invitees and licensees. Invitees are people who are on the property for a commercial reason, such as patrons at a restaurant, customers at a store, and clients at an office. Licensees are not on the premises for the owner’s commercial benefit, but instead are social guests, David Cates adds.
According to the Cates Mahoney, LLC website, the legal distinction between an invitee and licensee used to matter a great deal and still does in some states. In Illinois, however, premises liability law is concerned with whether people did or did not have permission to be on the premises.
If people were a lawful visitors or guests, the property owner or occupier may be responsible for their safety. And if were trespassing on the property, it is unlikely that the owner or occupier would be liable for injuries they suffered on the premises, David Cates explains.
David Cates is a founding principal in the law firm of Cates Mahoney, LLC., located in Swansea, Illinois. The firm serves individuals and families across Southern Illinois and the Metro East region, from St. Louis to the Indiana border, including the communities of Belleville, Carbondale, East St. Louis, Granite City, Edwardsville, Chester, Waterloo, Madison County, St. Clair County, Monroe County, and Randolph County. Learn more about Cates and his company by clicking here.
