Premise liability is a legal term that refers to a property owner’s responsibility for injuries that occur on their property. If someone gets hurt due to unsafe conditions, the owner may be held legally responsible.
This guide explains what premise liability means, who it applies to, and how it can affect you. One common example is slip and fall accidents, which can happen when floors are wet, sidewalks are icy, or lighting is poor.
Who Can File a Premises Liability Claim?
Not everyone who gets hurt on someone else’s property has a valid legal claim. The law looks at the reason why the injured person was on the property. There are three main types of visitors:
- Invitees
- Licensees
- Trespassers
Property owners owe the highest level of care to invitees and must fix or warn of known dangers. Licensees must be warned of any hidden dangers. Owners owe the least duty to trespassers, but they still cannot intentionally harm them.
Common Types of Premise Liability Cases
Premise liability can involve many different types of accidents. Below are some of the most common situations where someone may get hurt and file a premises liability claim:
Slip and Fall Accidents
These are the most frequent types of premises liability cases. Slip and fall accidents can happen almost anywhere – grocery stores, restaurants, sidewalks, or apartment complexes. Common causes include:
- Wet floors without warning signs
- Icy sidewalks or parking lots
- Spilled liquids or food
- Loose rugs or carpets
- Uneven flooring or broken tiles
Even a small hazard can cause someone to fall and suffer serious injuries, such as broken bones or head trauma.
Trip and Fall Hazards
Similar to slip and falls, trip and fall cases happen when someone trips over an object or uneven surface. Common examples include:
- Exposed electrical cords
- Cracked sidewalks
- Poorly placed furniture
- Missing stair handrails
- Damaged curbs or potholes
If the property owner knew about the danger and didn’t fix it, they may be responsible.
Poor Building Maintenance
Property owners must keep their buildings safe and up to code. If they fail to repair hazards, visitors may be injured. Examples include:
- Broken elevators or escalators
- Damaged staircases
- Leaky ceilings
- Malfunctioning doors or windows
- Roof collapses
Even minor issues, if ignored, can lead to dangerous accidents.
Negligent Security
Property owners may be responsible for providing basic security in places where crime is a known risk, such as apartment complexes, hotels, or shopping centers. If there are no security guards or working locks, and someone is robbed or assaulted, the owner may be liable for negligence.
Dog Bites or Animal Attacks
In many cases, if a dog bites someone on the owner’s property, the owner may be held responsible. Some states have strict liability laws, which means the owner is responsible even if the dog has never bitten anyone before.
What You Need to Prove in a Premise Liability Case
To win a premises liability case, the injured person (plaintiff) must prove four things:
- Duty of Care
- Breach of Duty
- Causation
- Damages
For example, if a grocery store knew about a spilled drink and didn’t clean it up or place a warning sign, they could be liable if someone slips and gets hurt.
Know Your Rights and Stay Safe
Understanding premise liability is important for both property owners and visitors. Whether it’s slip and fall accidents or other injuries, knowing your rights can help you take the right steps after an incident. Property owners must keep their spaces safe, and injured individuals may have the right to seek compensation when they don’t.
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