Premises Liability

Premises liability is a legal concept pertaining to personal injury lawsuits that involve an injury that was obtained as the result of a defective or unsafe condition on someone’s property. In these cases, if the property owner has neglected the property causing unsafe conditions, the injured person has the right to sue the property owner for the cost of damages. Were you hurt on someone else's property?  Call attorney Michael Siddons today to see if you have a premises liability case.

Premises Liability Law


Although slip and fall accidents are most common, premises liability law covers various types of accidents. To obtain compensation for damages, the injured party files can opt to sue that property owner, landlord, business owner, residential tenants, easement holders, maintenance companies, or any other entity that has control over the property where the injury occurred. However, it’s important to note that there are special rules for lessors and landlords who lack control of the property once the property is leased.

People who plan to sue for damages after an accident under premises liability laws generally need to prove that:

  • The person who caused the injury either owned, occupied, or leased the property at the time of the accident.
  • The person who caused the injury neglected to maintain all or part of the property, which caused the accident.
  • They were injured as a result of the responsible party’s negligence, and that the neglect was a substantial contributing factor in the accident.
Premises Liability

Premises Liability Coverage


Property owners can protect themselves from premises liability lawsuits by obtaining premises liability insurance. Premises liability insurance is not included with typical property or personal liability policies. Instead, it is a separate insurance policy that covers things, such as medical bills, if a person has an accident on the property. Because premises liability coverage does not cover things like damages to personal property, premises liability claims might be paid using both the insurance policy that covers the property itself and the premises liability policy.

Types of Premises Liability Cases

Hire a premises liability lawyer to help you with your liability case. Several different types of lawsuits fall under the premises liability concept, including, but not limited to:

  • Slip and fall accidents
  • Inadequate property maintenance
  • Animal bites
  • Swimming pool injuries
  • Restaurant liability
  • Retail store liability
  • Toxic fumes or chemicals
  • Dangerous property or defective conditions on the property
  • Snow and ice accidents
  • Elevator or escalator injuries
  • Inadequate building security that resulted in a person being injured or assaulted
Premises Liability Law
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Who is Responsible in Premises Liability?

Different states have different laws governing who can file a premises liability lawsuit and under which conditions a lawsuit may be filed. Some states focus on the status of the visitor at the time of the accident, while other states consider the condition of the property, as well as the actions of the visitor and property owner.


 

In states that focus solely on the visitor’s status, visitors are typically labeled under one of four different categories.

  • Invitee -- someone who is invited onto the property, such as customers in a store
  • Social guest
  • Trespasser
  • Licensee -- someone who enters the property with the consent of the owner, but has as specific purpose for being on the property

In states that take the condition of the property, as well as the actions of the property owner and visitor into consideration, a uniform standard of care is implied acknowledging that the property owner has maintained the property so that any visitors to the property are safe. The uniform standard of care typically applies to everyone, except trespassers.

When it comes to personal injury cases where both parties are at fault, most states adhere to a comparative fault system. This means that the amount of damages that property owner is liable for is reduced by a percentage if the court decides that the injured person is partially responsible for the accident.

Premises Liability Coverage

Premises Liability Attoreny


Hurt because of property owner negligence? If you were injured on someone else’s property, and the accident occurred because the person who owns, occupies, or leases the property was neglected to maintain the property, or you’re being sued by someone who was injured on your property, you should talk to a premises liability attorney as soon as possible. With the help of an experienced premises liability attorney, you can easily face any issues surrounding your premises liability lawsuit.