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Public liability

society Maturity 11-13 Next article →

Public liability is a part of the law of tort. This type of law focuses on civil wrongs. When someone gets hurt, they might sue a property owner. This person is called the applicant. The owner or person in charge is called the respondent. A claim usually works if the owner was negligent. Negligence means they were not careful enough. This is also called a breach of duty of care. The duty of care is a standard for how people should treat each other.

Owners must follow many rules to keep their property safe. They must follow laws from the government and local city bodies. Some laws require owners to have insurance. Examples include workers' compensation or car insurance. Managers must also understand many different contracts. They might sign a head lease or a management agreement. These contracts often say the manager must fix or replace things. They may also include an indemnity. An indemnity helps protect an owner from costs if someone gets hurt.

Not everyone who visits a place is treated the same way. The law divides visitors into three main groups. The first group is called invitees. These are people like customers in a hotel or a mall. Owners owe the highest duty of care to these people. If an invitee pays for a service, the duty of care goes up. For example, an arcade owner must keep games safe. If a machine is broken, the owner might be responsible. However, they might also sue a supplier if a product was defective.

The second group of visitors is called licensees. These are people like salesmen who have permission to be there. They do not provide an economic advantage to the owner. Owners owe licensees a lower level of care than invitees. The third group is called trespassers. These people enter a property without any permission at all. Owners still have a small duty of care for them. This is important if there is a danger like exposed wires. Owners must be careful if small children might enter the area.

There are two different ways to think about risk. One way is called the ballpark model. At a ballpark, visitors take their own risks. They might get hit by a ball flying into the stands. New Hampshire uses a system like this for drivers. In this system, drivers do not have to carry liability insurance. The other way is the Disneyland model. This model says the company is responsible for accidents. This could happen even if a person is too short for a ride.

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