Premises liability is defined the legal responsibility that a landowner and occupants of the property have regarding accidents and injuries that occur on their property.
When determining liability in regards to the property owner, several factors must be taken into account. A key factor for determining premises liability is the legal status of the visitor, or the plaintiff. This status can best be broken down into three categories; an invitee who is invited to be on the property for commercial or business reasons, a social guest or licensee who is invited to enter the premises for any purpose other than business; and a trespasser. Determining the status is of extreme importance as a trespasser is not likely to be compensated if the file a premises liability case.
The legal responsibilities of the property owner or possessor has a duty to inspect the property, to make any necessary repairs, to warn of hazards using proper signage and the duty to make the property safe.
Commercial Property Accidents
The owner of the property is typically responsible for injuries caused by negligent maintenance of the property. But, any commercial property, which is leased to a business tenant, may be held liable if their contract states that they are in control of the property and not the owner. If the landlord or tenant makes an unsafe condition, such as washing a floor and not posting proper warning signs, they are responsible if someone slips and falls on the wet floor.
In cases where snow and ice are present, the courts don’t allow for claims where the condition is a natural accumulation. Snow or ice on steps or sidewalks which accumulated due to recent weather conditions, cannot be the basis for the claim.
Accident and Injuries Occurring on a Private Residence
The law will hold the property owner responsible for premises liability if they were aware of the perilous condition and did nothing to right it. They can also be liable if it was obvious that the owner should have known about a potential hazard and did not take steps to prevent injury.
If the homeowner knows that one of the steps leading into the basement is broken, and the guest is injured when the step gives way, the homeowner will be held liable. But, if a guest gets drunk and does something careless and gets injured, their claim will likely be denied.
If you are a tenant or guest in a rented apartment who is injured in an accident on the rental property, the person responsible for maintaining the property will be held liable. The landlord is responsible for everything outside the apartment such as hallways, stairs and entrances, while the tenant is responsible for the movable items inside the apartment.
Injuries on Public Property
While the most common premises liability cases involve a slip and fall, other cases may include injuries sustained from exposure to toxic chemicals or mold, lead poisoning, or improperly maintained equipment may also be to blame. Injuries or deaths resulting from accidents on public property may rest with the owner, tenant or management company responsible for the maintenance and care of the property. Inadequate security in a poorly lit parking lot may result in an individual being assaulted.
If an individual becomes injured while acting in an unexpected, unauthorized or dangerously careless way, the property owner or occupier is not responsible. For example, if a person decides to run up the down escalator in a public building and falls, they are acting in a perilous manner and the property owner will not be liable.
Slip and Fall Accidents
Claims involving premises liability can be filed for a variety of reasons. A “slip and fall” accident may occur when someone trips over a broken sidewalk or are injured by a falling object. These types of injuries commonly occur in parking lots, at restaurants, supermarkets, and shopping malls or inside a building. Perilous conditions such as torn carpeting, narrow or poorly maintained stairs or abrupt changes in flooring may be a contributing factor.
While the most common premises liability cases involve a slip and fall accident, these are not the only type of premises negligence cases that may require a plaintiff to file a claim. Lawsuits may also stem for danger or unsafe conditions on the premises or a defect in construction.