Premises liability law is a branch of personal injury law that holds property owners responsible if someone gets injured on their property because of unsafe conditions. Whether you tripped over an uneven pavement, slipped on a wet floor, or were injured due to poor security, you have a right to seek compensation for your losses.
What Is the Difference Between Premises Liability and Negligence?
Negligence generally refers to negligent activity, such as when a property owner or an occupant fails to act with reasonable care, leading to harm or injury to another person. Premises liability is slightly different. It refers to the legal responsibility of property owners to maintain a safe environment.
In other words, premises liability means that a property owner or occupant has a basic responsibility to keep their property safe by fixing or reducing hazards. On the other hand, negligence doesn’t require someone to take action but requires them to avoid causing harm through careless behavior.
If you were injured due to unsafe conditions on someone else’s property, you may sue the property owner for the damages.
Example of Negligence
You are in a supermarket and encounter a shopper who’s on their phone and isn’t paying attention. They try to move past you and, by accident, hit you with the grocery cart and make you fall and break your hip.
In the given example, you cannot sue the owner of the supermarket as they had nothing to do with the accident. Instead, you can file a personal injury claim against the person who caused the accident.
Example of Premise Liability
You’re hosting a party and are, therefore, responsible for making sure your home is safe for guests. If someone slips on a wet floor you didn’t clean up, you could be held accountable for their injury.
Duty of Care in a Premises Liability Claim
The owner of a property only owes a duty of care to certain categories of people, including:
Invitees
An invitee can be anyone invited by the property owner into the premises. Examples include:
- Customers in a store or restaurant
- Hotel guests staying at a hotel
- Clients visiting an office or business
- Shoppers at a mall or supermarket
- Delivery personnel dropping off packages
- Contractors or repair workers hired to perform services
A property owner must protect the safety of their invitees by keeping their building free from safety hazards.
Licensees
A licensee is someone who enters a building with the owner’s permission. Examples include:
- Social guests (friends or family visiting a home)
- Party guests attending a gathering
- Door-to-door salespeople with permission to be on the property
- Utility workers checking meters or performing maintenance
- Neighbors stopping by for a visit with permission
Trespassers
Yes, that’s right. Property owners are required to protect certain types of trespassers against harm. A good example is children. If your property has features that might attract children, then you’re required to ensure your property is safe for the children. If you fail to do so and a child who trespassed on your property gets injured, you could be sued for the damages.
Common Types of Premises Liability Claims
Elevator Accident Claims
Most multi-storey buildings have elevators, and the owner of the building or the person who has leased the building is responsible for maintaining the elevators. When they fail to maintain the elevators, they can be sued for the resulting damages, deaths, or injuries.
Slip, Trip, and Fall Claims
Slip and fall claims account for a huge percentage of personal injury lawsuits filed in court. The most common conditions in a property that can lead to slip and fall accidents include:
- Accumulation of snow and ice
- Loose sawdust on the floor
- Defective stairways
- Defective or missing handrails
- Accidental spills that are not cleaned in a timely manner
Dog Bite Claims
If a dog attacks someone on your property, you may be legally responsible for the victim’s injuries. This is especially true if the victim was legally on your property.
Swimming Pool Accident Claims
Property owners have a legal duty to ensure their pool area is safe, which includes installing gates, warning signs, and proper lighting. If a pool accident occurs due to negligence, you may be held liable for medical expenses, wrongful death claims, and other damages.
What to Do If You Are Injured on Someone’s Property
If you are hurt on another person’s property, take these steps to protect your rights:
- Report the incident to the property owner or manager.
- Take photos or videos of the hazardous condition.
- Gather witness statements, if possible.
- Seek medical attention right away.
- Consult a personal injury attorney to discuss your legal options.
Property Owners Must Prioritize Safety
Property owners must keep their buildings free from safety hazards, or they will be held liable for the resulting injuries. If you or a loved one has been hurt due to unsafe property conditions, understanding your rights can help you seek the compensation you deserve.
