Call us now:
What is premise liability?
Premise liability is the legal responsibility of a property owner or occupier for injuries that occur on their property due to unsafe conditions. In every state, property owners are required to make a reasonable effort to keep their premises safe for visitors. When they fail to do so, and someone is injured as a result, they may be held legally responsible.
Common examples of premises liability claims include:
- Animal and Dog Bites
- Slip and Fall Accidents
- Dangerous Property Conditions
- Negligent or Inadequate Security
- Swimming Pool Accidents
- Inadequate Maintenance
- Injuries to Children on Property
- Retail Store Liability
- Restaurant Liability
What about leased property?
Liability for injuries at apartment complexes or leased commercial spaces can be more complicated. Generally, landlords are not liable for injuries sustained by a tenant’s guest, as tenants are considered to be responsible for the condition of their property. However, exceptions exist. For example, a landlord may be liable for hidden dangers (known as latent defects) that were present before the tenant moved in or for repairs the landlord attempted but performed negligently.
Visitor status and duty of care
Different states apply different rules to determine whether an injured visitor can recover compensation. Many states evaluate liability based on the visitor’s legal status:
- Invitee: someone invited onto the property for a commercial purpose, such as a customer at a store.
- Licensee (social guest): someone who enters with permission but not for a business purpose, such as a friend visiting a home.
- Trespasser: someone who enters without permission or legal right.
In states that recognize these categories, property owners generally owe the highest duty of care to invitees and licensees, which means the property must be inspected regularly and kept safe. Trespassers, by contrast, are typically not entitled to recover for injuries. Property owners must simply avoid intentionally harming trespassers, although there are exceptions for children. For example, if a property has an “attractive nuisance” such as a swimming pool, the owner may be required to take precautions to protect child trespassers from danger.
Other states focus less on visitor status and more on the overall condition of the property and the reasonableness of the owner’s actions. In these states, the property owner’s duty is judged by factors such as the circumstances under which the visitor entered, the nature of the property, the owner’s efforts to repair or warn of hazards, and whether the injury was foreseeable.
The Property Owner’s Duty
Property owners and occupiers must regularly inspect their premises, repair any dangerous conditions, and warn visitors of hazards that are not immediately apparent. If an owner is aware of a dangerous condition and fails to take action, they may be held liable for any injuries caused by it.
Limitations on Recovering for Premises Liability
Most states apply principles of comparative fault. This means that if an injured visitor was partly responsible for the accident, their recovery may be reduced by their percentage of fault. For example, if damages total $100,000 and the injured party was found to be 10% at fault, the recovery would be reduced to $90,000.
For example, in a state following comparative negligence, when an injured person is 10% responsible for an injury, the property owner is responsible for 90% of the injury, and the total damages are $100,000, the victim’s recovery will be only $90,000. In states that follow contributory negligence, the plaintiff may be unable to recover at all if he or she is found even slightly at fault.
