Generally, property owners have a duty to make sure that their properties are safe for visitors. If a visitor is injured on someone else’s property, he/she may seek to bring a lawsuit against the property owner. The body of law that deals with these types of suits is known as premises liability law.
Premises liability law applies to homeowners, small-business owners, property managers of commercial properties such as shopping malls and hotels, gym owners, grocery store owners, and restaurant owners. Those who rent property may also face liability for visitor injury.
In premises liability lawsuits, the injured party should be able to prove that his/her injuries resulted from the property owner’s failure to make the property safe.
To succeed in a premises liability case, the injured person must prove that:
In most circumstances, property owners will not be held liable for injuries caused by conditions on their property that they did not know about or had no reason to know about. Any person entering another person’s property is still required to exercise reasonable care for their own safety.
Different Levels Of Care
Property owners owe different duties of care depending on the circumstances under which a person enters their properties. Visitors fall into one of four categories:
Licensees. Property owners owe the second highest standard of care to licensees, or social guests. These are friends, family members, and others who enter a property for purely social purposes. For example, those visiting another’s home for a birthday party or anniversary celebration. For licensees, property owners must maintain the property in a reasonably safe manner and repair any unsafe conditions. These duties include an obligation to warn of known dangers on the property.
Trespassers. Although trespassers do not have permission to be on a property, property owners still owe them a limited duty to prevent intentional or reckless injury. For example, a homeowner would face potential civil liability for intentional injury if he or she set up a trap that would automatically set off a gun or other life-threatening instrument against a trespasser. Once the property owner discovers a trespasser on his or her property, the property owner owes a duty to warn him or her of any known dangers that the trespasser could not detect with ordinary observation.
Special Duty Owed To Children.
Property owners — particularly residential property owners who own swimming pools — must take special care to protect children who enter their property, regardless of whether the child is an invited guest or a trespasser. Additionally, property owners must take special care to protect children from conditions on their property likely to attract children and present a danger to them. This includes not only swimming pools, but also trampolines, old appliances and any other dangerous conditions likely to attract a child’s attention. The property owner must take reasonable steps to either remove the dangerous condition from the property or protect children from the danger. In the case of a swimming pool, reasonable steps would include putting a fence around the pool with a locked gate.
Types Of Premises Liability Cases
Property owners are liable for maintaining both the inside and outside of their premises. For example, a hotel owner has a duty to maintain not only the rooms and common areas inside the hotel, but also the sidewalks, entryways and parking lot outside the hotel.
Slip-and-fall cases are some of the most common premises liability suits brought against business owners. Other conditions that can give rise to premises liability cases include:
Contact An Experienced Attorney
If you have been injured on another person’s property, you may be entitled to recover for your injuries. Rebecca Cozart is experienced in premises liability cases and can review the circumstances of your injury and help you determine the best course of action to take. For more information, contact Rebecca Cozart today.
Premises liability law applies to homeowners, small-business owners, property managers of commercial properties such as shopping malls and hotels, gym owners, grocery store owners, and restaurant owners. Those who rent property may also face liability for visitor injury.
In premises liability lawsuits, the injured party should be able to prove that his/her injuries resulted from the property owner’s failure to make the property safe.
To succeed in a premises liability case, the injured person must prove that:
- The property owner knew or should have known of the dangerous condition.
- The property owner failed to repair and/or give warning of this dangerous condition.
- He/she was injured by the dangerous condition.
In most circumstances, property owners will not be held liable for injuries caused by conditions on their property that they did not know about or had no reason to know about. Any person entering another person’s property is still required to exercise reasonable care for their own safety.
Different Levels Of Care
Property owners owe different duties of care depending on the circumstances under which a person enters their properties. Visitors fall into one of four categories:
- Business invitees
- Licensees
- Trespassers
- Children
Licensees. Property owners owe the second highest standard of care to licensees, or social guests. These are friends, family members, and others who enter a property for purely social purposes. For example, those visiting another’s home for a birthday party or anniversary celebration. For licensees, property owners must maintain the property in a reasonably safe manner and repair any unsafe conditions. These duties include an obligation to warn of known dangers on the property.
Trespassers. Although trespassers do not have permission to be on a property, property owners still owe them a limited duty to prevent intentional or reckless injury. For example, a homeowner would face potential civil liability for intentional injury if he or she set up a trap that would automatically set off a gun or other life-threatening instrument against a trespasser. Once the property owner discovers a trespasser on his or her property, the property owner owes a duty to warn him or her of any known dangers that the trespasser could not detect with ordinary observation.
Special Duty Owed To Children.
Property owners — particularly residential property owners who own swimming pools — must take special care to protect children who enter their property, regardless of whether the child is an invited guest or a trespasser. Additionally, property owners must take special care to protect children from conditions on their property likely to attract children and present a danger to them. This includes not only swimming pools, but also trampolines, old appliances and any other dangerous conditions likely to attract a child’s attention. The property owner must take reasonable steps to either remove the dangerous condition from the property or protect children from the danger. In the case of a swimming pool, reasonable steps would include putting a fence around the pool with a locked gate.
Types Of Premises Liability Cases
Property owners are liable for maintaining both the inside and outside of their premises. For example, a hotel owner has a duty to maintain not only the rooms and common areas inside the hotel, but also the sidewalks, entryways and parking lot outside the hotel.
Slip-and-fall cases are some of the most common premises liability suits brought against business owners. Other conditions that can give rise to premises liability cases include:
- Poorly lit entryways or stairwells
- Obstructions on stairways or in aisles
- Spilled water or other slippery conditions on floors
- Uneven or broken sidewalks
- Debris or other objects on sidewalks, aisles, or passageways
- Broken or missing handrails on stairways
- Uneven steps or defectively built stairways
- Malfunctioning windows or doors
- Dangerously or negligently displayed merchandise
Contact An Experienced Attorney
If you have been injured on another person’s property, you may be entitled to recover for your injuries. Rebecca Cozart is experienced in premises liability cases and can review the circumstances of your injury and help you determine the best course of action to take. For more information, contact Rebecca Cozart today.