Duty of Care explained...

The duty of care for commercial property owners refers to their legal obligation to ensure that their property is maintained in a reasonably safe condition for people who enter it, such as customers, employees, contractors, or other visitors. This responsibility is rooted in premises liability law and varies slightly by jurisdiction, but the general principles remain consistent.

Key Aspects of Duty of Care:

1. Inspection and Maintenance:

   • Property owners must regularly inspect their premises for potential hazards, such as slippery floors, broken stairs, or poor lighting.

   • They are expected to take reasonable steps to address these hazards promptly, either by fixing them or providing adequate warnings.

     
     

2. Prevention of Foreseeable Harm:

   • Owners must anticipate potential risks that could cause harm to visitors. For example, they should ensure proper snow and ice removal, secure loose carpeting, or repair uneven flooring.

   • Hazards that a reasonable person could foresee are the owner's responsibility to mitigate.

     
     

3. Adequate Warning:

   • If a hazard cannot be immediately fixed, property owners must provide clear warnings, such as "wet floor" signs or barriers around construction areas, to alert visitors of potential danger.

     
     

4. Compliance with Codes and Regulations:

   • Commercial property owners must adhere to building codes, safety regulations, and accessibility standards (e.g., those under the ADA).

   • Failure to comply with these standards can result in liability if someone is injured due to negligence.

     
     

5. Special Considerations for Invitees:

   • Invitees (e.g., customers or clients) are owed the highest duty of care because they are on the property for business purposes. Owners must ensure the property is as safe as reasonably possible for these individuals.

     
     

6. Third-Party Incidents:

   • Owners might also be responsible for preventing harm caused by third parties, such as criminal acts, in areas where such actions could be reasonably foreseen (e.g., providing adequate lighting in parking lots).

     
     

Liability and Consequences:

If a property owner fails to meet their duty of care and someone is injured as a result, the owner can be held liable for damages. This may include compensation for medical expenses, lost wages, pain and suffering, or other related losses.

By maintaining safe conditions and addressing risks proactively, commercial property owners can minimize liability and fulfill their duty of care effectively.