
Premises Liability
Premises liability is a legal concept in tort law that holds property owners and occupiers responsible for maintaining a reasonably safe environment on their premises. If someone is injured due to unsafe or hazardous conditions on the property, the owner or occupier may be held liable, depending on the circumstances.
Duty of Care
- Invitee: Someone invited onto the property for business purposes (e.g., customers in a store). Owners owe the highest duty of care to inspect, maintain, and repair hazards.
- Licensee: Someone allowed on the property for non-commercial reasons (e.g., social guests). Owners must warn about known hazards.
The property owner or occupier has a legal obligation to keep the premises safe for visitors.
Common Causes of Premises Liability Claims
- Slip and Falls: Wet floors, uneven surfaces, or poorly lit areas.
- Falling Objects: Unsecured items or debris falling and injuring someone.
- Inadequate Maintenance: Broken stairs, faulty handrails, or structural issues.
- Defective Conditions: Hazards like exposed wiring or potholes.
- Negligent Security: Insufficient measures to prevent crimes on the property.
- Swimming Pool Accidents: Drowning or injuries due to lack of safety measures.
Proving a Premises Liability Case
- Ownership or Control: The defendant owned, occupied, or controlled the property.
- Negligence: The property owner or occupier failed to maintain safe conditions or warn of hazards.
- Causation: The unsafe condition caused the injury.
- Damages: The injured party suffered harm, such as medical expenses, lost wages, or pain and suffering.
Examples
- A customer slips on a wet floor in a grocery store without warning signs.
- A tenant is injured by a broken staircase in an apartment building.
- A visitor is assaulted in a parking lot due to lack of adequate lighting or security.