Premises Liability Claims

Property owners are legally responsible for keeping their premises safe — injuries caused by dangerous conditions can result in significant compensation.

Premises liability is the body of law governing injuries that occur on someone else's property due to unsafe or defective conditions. While slip and fall cases are the most well-known form of premises liability, the category is much broader and includes swimming pool accidents, staircase collapses, inadequate security leading to assault, elevator and escalator accidents, amusement park incidents, fires caused by building code violations, and injuries from falling objects. The duty of care a property owner or occupier owes to visitors depends in many states on the legal status of the person entering the property — invitees (such as customers in a store) are owed the highest duty, licensees (social guests) a moderate duty, and trespassers generally the lowest duty, though this distinction has been abolished in some states in favor of a reasonable care standard for all entrants. Property managers, commercial tenants, landlords, and government entities can all be held liable under premises liability law depending on who maintained control over the hazardous condition. Inadequate security claims have grown substantially in commercial premises liability as courts recognize that property owners in high-crime areas have an obligation to provide reasonable protective measures for visitors. Documenting the hazardous condition, gathering witness information, and seeking prompt medical attention are all critical steps after a premises injury.

For informational purposes only. Not legal advice. Consult a licensed attorney.