What is premises liability and when is a property owner responsible for my injury?
Premises liability is the area of personal injury law that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. It covers slip-and-fall accidents, trips on broken stairways or uneven flooring, injuries from inadequate security, falling merchandise, swimming pool accidents, and exposure to dangerous conditions. To recover, you generally must prove that the property owner owed you a duty of care, that a hazardous condition existed, that the owner knew or reasonably should have known about the hazard, that they failed to fix it or warn you, and that the condition caused your injury. The duty owed depends on your status on the property: invitees (customers, business guests) are owed the highest duty of reasonable care and regular inspection; licensees (social guests) are owed a duty to warn of known dangers; and trespassers are owed a more limited duty. Common defenses include arguing the hazard was "open and obvious" or that you were comparatively negligent. Photograph the hazard immediately, report the incident, and identify witnesses, because property owners often repair dangerous conditions quickly after an accident.
For informational purposes only. Not legal advice. Consult a licensed attorney.