Premises Liability Law
What is Premises Liability Law?
Premises liability law refers to the legal principles that hold landowners and tenants responsible when someone enters onto their property and gets hurt due to a dangerous condition. With few exceptions, premises liability claims are based on negligence, although the doctrine may be applied differently than it is in other personal injury situations. The primary source of premises liability law is state case precedents (known as "common law"). State statutes, municipal ordinances, and local building codes may also be relevant.
Slip and falls are the most common type of accident resulting in premises liability. Causes include wet floors, snow and ice, unmarked obstacles, faulty stairs, and other such dangers. Lawsuits can also result from injuries caused by vicious animals, open swimming pools, broken elevators, or violent customers or guests. To obtain compensation, plaintiffs may be able to file suit against owners, landlords, business owners, easement holders, residential tenants, maintenance companies, and other entities that control or possess the property where the accident happened.
Traditional Approach Based on Entrant Status
A number of courts decide questions of premises liability by characterizing the injured plaintiff in one of three ways, based on the reason he or she entered onto the land. Plaintiffs who entered without permission are given the status of "trespassers." Social guests and others who entered onto the land for their own purposes are labeled as "licensees," and those who entered to further the purposes of the landowner, such as business customers, are considered "invitees." Each group is afforded a different level of protection from harm.
Under this traditional approach, landowners usually have no legal responsibility to keep trespassers safe. An exception is made, however, if the owner knew that trespassers were present, and failed to warn them about hidden and dangerous conditions. With respect to licensees (guests), landowners have a similar duty. That is, they must warn about dangers that people coming onto the land are unlikely to discover on their own. Invitees (customers) are provided the most protection. Landowners must inspect the premises and make sure it is safe for these individuals.
States that follow this approach to premises liability do so as a way of giving landowners and other potential defendants an established set of rules they can use to anticipate their legal obligations. Owners can figure out ahead of time the safety measures they must take to avoid liability for an accident. Despite the predictability it offers, the traditional approach is becoming obsolete in the United States, as a growing number of states have abandoned it in favor of an approach that judges the merits of each case individually.
Modern Trend Reflects a More Flexible Standard
Central to the doctrine of negligence is the idea that everyone in society has a legal obligation to act as a reasonable, prudent person under the circumstances. Regardless of whether the injury resulted from a car accident or a surgical procedure, the defendant is judged by the same standard. The jury will consider all of the facts surrounding the accident, and then decide if a reasonable person in the defendant's shoes would have acted the same way, or have done something different to avoid the accident.
This concept of a single negligence standard applicable to any factual scenario is quickly replacing the trespasser/licensee/invitee approach. To see the benefit of the modern trend, consider the example of a parking lot owner sued by a customer who was attacked by a stranger late at night. The traditional approach would classify the customer as an invitee and apply a predetermined set of rules. By contrast, the modern trend would consider many factors, such as the local crime rate, the owner's knowledge of previous attacks, the feasibility of providing brighter lights, security guards, fences, and so forth.
Special Rules and Legal Doctrines
In jurisdictions that still apply the categorical approach to premises liability, a principle known as the "attractive nuisance" doctrine may be available to help child accident victims prove fault. The attractive nuisance doctrine requires landowners to fix dangerous conditions in areas known to be frequented by children, if the children, because of their youth, will fail to recognize the danger. In jurisdictions following the modern trend, this principle is subsumed into the "reasonable under the circumstances" standard.
Litigants should also be aware of the rules of contributory negligence and comparative fault. These doctrines bar or reduce compensation in premises liability cases based on the plaintiff's own conduct. In other words, an injured plaintiff stands to recover less if the defendant can show the plaintiff could have avoided the accident by exercising more caution. In most states, the jury will be instructed to assign a percentage of the total fault for the accident to the plaintiff's carelessness, and reduce the damage award accordingly.
Hiring a Lawyer to Pursue or Defend a Claim
Because premises liability law differs from state to state, victims should seek advice from a local attorney. If you have been injured on someone else's property, you may be entitled to compensation, but you must act quickly to meet the time deadlines for filing a claim. Schedule a consultation with an injury lawyer today.
Know Your Rights!
Articles About Premises Liability
- How To Protect Loved Ones Who Are Victims of Nursing Home AbuseNursing homes should be a place your loved ones feel comfortable and safe. Educate yourself and know the signs to look for with nursing home abuse.
- 3 Reasons You Need a Lawyer after a Slip and FallSlip and fall accidents can sometimes be due to someone else's negligence. Find out why a lawyer can make all of the difference after an accident.
- Common Florida Personal Injury ClaimsTo proceed through an individual personal injury claim in the state of Florida, the individual may require knowledge and research into common claims that may provide additional information. Understanding what common concerns lead to a courtroom case could help the person facing the same situation to uncover how to increase the strength of the claim.
- Florida Personal Injury ClaimsWhen someone suffers an injury through the actions of another person or company, he or she may need to file a personal injury claim to recoup losses in income, through medical bills and for the pain and suffering of the injuries. Hiring a lawyer may help to provide the steps in filing the claim and proceeding through the court matters that are important.
- Florida Personal Injury CompensationCompensation for a personal injury is important to the victim to recover, to pay bills and to provide for daily living when he or she is not able to work until fully capable. A personal injury claim in Florida usually arises through negligence with a company or a third party involved in the situation which may physically harm the victim.
- A Guide if You Have Been Injured at a Business in South CarolinaIf you slip and fall on a wet spot in a store, what should you do? What about if an improperly stored stack of merchandise falls on you? If this happens to you, what are the steps you should take?
- Injured During a Walk-Through – Who Is Liable?With an open house or walk-through of a property, it is important to know who is liable if the guest or tourist suffers injury or property damage caused by the defects in the house or the real estate agent. This could lead to a claim against the company, agent or the homeowner at the time of the injury or an investigation of the lawyer hired for these purposes.
- Why Medical Bills Are a Big Concern after a Serious InjuryThese days, you could find yourself the victim of a personal injury in any number of ways. They often leave victims with a mountain of medical bills to deal with.
- Filing a Claim against Homeowners’ Insurance for a Slip and Fall AccidentThere are many claims possible when the premiums for homeowners’ insurance are up to date, and these even include the slip and fall accident that leads to injury or even worse circumstances. It is important to understand all the fine print in the coverage available as well as any discrepancies or exclusions that could cause a lack of benefits.
- Documents Your Personal Injury Lawyer Wants For Filing Your Case in New JerseyA stressful personal injury case can be cracked easily, but this can be possible if you have your personal injury lawyer. It can be sorted away if you properly follow all the rules and regulation of a personal injury law and make sure you are having the required documents. These documents can help you get the right judgment for your case.
- All Tort and Personal Injury Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Premises Liability Law - US
- Amusement Park Accidents and Liability
Negligence may be found if the ride was not in a safe condition, improperly maintained or inspected.
- Coverage of Employees - Williams-Steiger Occupational Safety and Health Act
Section 2(b) of the Williams-Steiger Occupational Safety and Health Act (Public Law 91-596) sets forth the purpose and policy of Congress in enacting this legislation.
- Federal Mine Safety and Health Act
- Landowner Liability Law Title 14, 159-A - Limited Liability for Recreational or Harvesting Activities
Limited duty: An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes.
- Premises Liability - Definition
The owner is not the insurer of the safety of persons on the premises. The duty of care owed by the owner may vary depending on whether the person injured on the premises was an invitee, guest or trespasser. However, some jurisdictions have adopted the rule that an owner or occupier of land is held to a duty of reasonable care under all the circumstances.
- Recreational Use Statutes - Landowner's Liabilities
This section consists of law cases that deal with various aspects of the liability of a land owner or occupier for injuries occurring to others on his or her property.
- Restatement of the Law Third, Torts: Apportionment of Liability
Restatement of the Law Third, Torts: Apportionment of Liability, constitutes the second portion to be published of The American Law Institute's Restatement
- Tort Law - Strict Liability
In some cases tort law imposes liability on defendants who are neither negligent nor guilty of intentional wrongdoing.
- US Code - Chapter 171 - Tort Claims Procedure
The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General.
Premises Liability Law - Europe
- European Centre of Tort and Insurance Law
In 1993 Jaap Spier, at that time Professor at the University of Tilburg in the Netherlands, called together a working group to discuss the fundamental questions concerning tort law on a comparative basis. The limits of liability were first examined. The results of these deliberations were published in two volumes. Furthermore, the drafting of the European Principles of Tort Law has now been completed. These have been published by the European Group on Tort Law, accompanied by a commentary and several translations.
- European Group on Tort Law - Principles of European Tort Law
The European Group on Tort Law (formerly also called "Tilburg Group") is a group of scholars in the area of tort law established in 1992. The group meets regularly to discuss fundamental issues of tort law liability as well as recent developments and the future directions of the law of tort. The Group has drafted a collection of Principles of European Tort Law similar to the Principles of European Contract Law drafted by the European Contract Law Commission ("Lando Commission").
- Occupiers Liability Act 1984 - England
An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the Unfair Contract Terms Act 1977, as it applies to England and Wales, in relation to persons obtaining access to premises for recreational or educational purposes.