Involved in a Premise Liability Case?

Premise liability law refers to the legal principles that hold landowners and tenants responsible when someone enters onto their property and gets hurt due to a dangerous condition. With few exceptions, premises liability claims are based on negligence, although the doctrine may be applied differently than it is in other personal injury situations. The primary source of premises liability law is state case precedents (known as “common law”). State statutes, municipal ordinances, and local building codes may also be relevant.

Slip and falls are the most common type of accident resulting in premises liability. Causes include wet floors, snow and ice, unmarked obstacles, faulty stairs, and other such dangers. Lawsuits can also result from injuries caused by vicious animals, open swimming pools, broken elevators, or violent customers or guests. To obtain compensation, plaintiffs may be able to file suit against owners, landlords, business owners, easement holders, residential tenants, maintenance companies, and other entities that control or possess the property where the accident happened.

Traditional Approach Based on Entrant Status

A number of courts decide questions of premise liability by characterizing the injured plaintiff in one of three ways, based on the reason he or she entered onto the land. Plaintiffs who entered without permission are given the status of “trespassers.” Social guests and others who entered onto the land for their own purposes are labeled as “licensees,” and those who entered to further the purposes of the landowner, such as business customers, are considered “invitees.” Each group is afforded a different level of protection from harm.

Under this traditional approach, landowners usually have no legal responsibility to keep trespassers safe. An exception is made, however, if the owner knew that trespassers were present, and failed to warn them about hidden and dangerous conditions. With respect to licensees (guests), landowners have a similar duty. That is, they must warn about dangers that people coming onto the land are unlikely to discover on their own. Invitees (customers) are provided the most protection. Landowners must inspect the premises and make sure it is safe for these individuals.

 

A number of courts decide questions of premise liability by characterizing the injured plaintiff in one of three ways, based on the reason he or she entered onto the land. Plaintiffs who entered without permission are given the status of “trespassers.” Social guests and others who entered onto the land for their own purposes are labeled as “licensees,” and those who entered to further the purposes of the landowner, such as business customers, are considered “invitees.” Each group is afforded a different level of protection from harm.

Under this traditional approach, landowners usually have no legal responsibility to keep trespassers safe. An exception is made, however, if the owner knew that trespassers were present, and failed to warn them about hidden and dangerous conditions. With respect to licensees (guests), landowners have a similar duty. That is, they must warn about dangers that people coming onto the land are unlikely to discover on their own. Invitees (customers) are provided the most protection. Landowners must inspect the premises and make sure it is safe for these individuals.

Hiring a Lawyer to Pursue or Defend a Claim on Premise Liability

Because premises liability law differs from state to state, victims should seek advice from a local attorney. If you have been injured on someone else’s property, you may be entitled to compensation, but you must act quickly to meet the time deadlines for filing a claim. Schedule a consultation with us today.