Premises liability basically reflects the notion that to varying degrees, those who are in control of a property are responsible for safety of the people who come into contact with it. The ¿duty of care¿ owed varies with the type of property, the use of the property and the relationship between the person who is responsible for the property and those who enter it. In some jurisdictions the forseeablilty of the injury will determine negligence, and therefore the liability, of owner. Examples of Premises Liability - The owner of a home has the duty to make their home safe for visitors and for those who may come to the house to make repairs or for other business purposes. A homeowner must not create risk of injury by falling debris, slippery floors, dangerous railings, faulty stairs, etc.
- The owner of a store has the duty to keep the building structurally sound, to make sure that the doors, windows, plumbing, elevators, escalators, fixtures, etc. work properly and do not cause injury.
- The owner of the business that leases the space may have the duty to make sure that the isles remain clear and that the products are not stored dangerously, i.e., stacked too high.
- The owner of land has a duty to keep the land safe for the purpose for which it was intended. This applies to the owner of a private land such as a ski resort, country club or private lake and the owner of land with public access.
- Depending on who had control of the injurious element of the property, liability may also extend from owners to those who rent or lease property. For example, the leaser of an apartment may be liable for an injury caused by a free-standing bookshelf that falls on a cable repair man. (Note that this does not preclude the liability of the owner. More than one party may be liable.)
The exact liability in a premise liability case will vary by situation and by state. A personal injury lawyer will be able to determine to what degree an injured person may be able to recover for his or her loss. Limitations on Recovery - Time Limitations ¿ Statutes may limit the amount of time that you have to bring a premises liability state. If you wait too long to file, you may forfeit your right to bring a claim. Statutes of limitation vary by state and by the nature of the incident.
- Fault - Many states reduce the amount of recovery based on the respective fault of each party. Not all injuries are caused by the fault of others. Often people are injured by their own carelessness in which case there can be no, or limited, recovery.
- Injury on Public Property - Special notice requirements limit recoveries for people injured on public property because they drastically shorten the time limits for filing a lawsuit. Often, the notice of a claim must be brought against public entity within 30 days of the incident.
Types of Premises Liability |
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