Premises Liability

Are you confused by legal language and wish you could understand it better? Andrew Kryder, Esq., founding partner of The Kryder Law Group, LLC Accident and Injury Lawyers—a trusted personal injury law firm—has provided you with a glossary of legal terms. This installment explains premises liability in straightforward language.

What Is Premises Liability?

Premises liability holds property owners responsible for injuries or damages on their property, including homes, businesses, public spaces, and government buildings. If a hazardous condition poses an unreasonable risk, and the property owner knew about it (or should have known) but didn’t fix it, they may be considered negligent and held responsible for any resulting injuries.

Duty of Care

Under premises liability law, property owners or occupiers must keep their premises reasonably safe for visitors. This includes preventing hazards and warning of any dangers. The required level of care depends on the type of property and the visitor’s reason for being there. For example, a business owner has a greater duty of care to customers than to trespassers.

What Are the Duties of Property Owners?

Property owners must keep their premises safe by performing regular maintenance and addressing hazards. Routine inspections help identify issues that could pose risks to visitors, such as improper lighting in common areas and parking lots, foreign substances on walkways, and other maintenance issues. When dangerous property conditions are found, owners should warn visitors and act quickly to fix or remove them to prevent accidents.

What Are Common Hazards That Lead to Personal Injury Cases?

Some common hazards include slippery floors caused by spills or wet surfaces, uneven flooring or carpets that present tripping risks, and poorly maintained equipment or appliances that may malfunction. Additionally, a lack of adequate security measures can result in a premises liability accident such as an assault or theft.

What Is an Attractive Nuisance?

An attractive nuisance is a potentially dangerous condition or object on someone’s property that may attract young children and put them at risk of harm. Some common examples include swimming pools, trampolines, and abandoned or unsecured structures (e.g., sheds or old appliances).

Property owners can be held liable when attractive nuisances are not properly secured and harm young children who may be attracted to them.

Types of Premises Liability Lawsuits

Premises liability cases involve situations where a property owner failed to properly maintain their property, exert reasonable care, or uphold their duty of care.

Examples of premises liability claims include:

• A slip and fall accident
• Negligent security leading to harm or injury
• Inadequate maintenance leading to dangerous conditions
• Amusement park accidents due to poorly maintained rides
• Dog bites and animal attacks on a property

How Does a Visitor’s Legal Status Impact Premises Liability?

The legal status of a visitor on a property plays a big role in determining the property owner’s responsibility and liability for injuries. Property owners owe the highest level of care to invitees—like customers visiting for business purposes. Licensees, such as social guests, are owed less care since they’re on the property for non-business reasons (like social or recreational visits). Trespassers, who enter without permission, are owed the least care on a defendant’s premises.

What Are a Visitor’s Responsibilities?

While property owners have a duty to maintain a safe environment, visitors also have a responsibility to ensure their own safety. This includes following any posted rules or regulations, such as signs or safety instructions at a swimming pool.

Visitors should exercise caution and use common sense while on the premises, being mindful of their surroundings and avoiding reckless behavior. Additionally, it is important for visitors to report any potential hazards or concerns to the property owner or the designated authority.

Warning Signs and Notices

To help prevent accidents and injuries, property owners should use warning signs and notices to alert visitors of potential hazards. Some examples include:

• “Caution: Wet Floor” signs near spills or wet surfaces
• “Watch Your Step” signs near uneven flooring or carpets
• “Do Not Touch” signs near potentially dangerous equipment or appliances

How Can a Lawyer Help in Premises Liability Cases?

An experienced premises liability lawyer can help those injured on someone else’s property by evaluating their case, determining what the property owner knew—or should have known—about the hazards on their property, determining the best course of legal action, and negotiating a settlement with the insurance company. This involves understanding the property owner’s negligence, the visitor’s legal status, and assessing evidence, injury severity, and potential damages.