Premises Liability

Authored by , LegalMatch Legal Writer and Attorney at Law

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What Is Premises Liability?

Premise liability is an area of personal injury law that makes a person in possession or control of property responsible for certain injuries sustained by other persons while they are on the property. Put simply, the owner of the property owes a certain duty of care to certain classes of people who enter the property. When that duty is breached or, in some instances, if an injury is simply foreseeable, the owner may be liable.

The liability of the landowner will vary based on several factors. Mainly, the type of guest, the category of the property, and the situation that caused the injury will play a huge role in premise liability cases.

Type of Guest

How a person entering the property is classified will dictate the duty a property owner owes to them. Many states have a blanket rule that regardless of how a person is categorized, they are owed a duty of care. In other states, guests are classified by the following three general categories:

Under a traditional approach, each category of person is owed a unique duty of care, with trespassers typically falling by the wayside and only being extended a protection against reckless or intentional harm.

Category of Property

The specific liability of a piece of property will vary by state. Here are some general categories of property and an example of the duty their owner may owe:

Situations Causing the Injury

Premises liability injuries can be caused by:

Should I Consult with a Lawyer?

If you have been injured on someone else’s property, you should contact a personal injury lawyer immediately. While property owners have a myriad of defenses to liability available, only an attorney can thoroughly evaluate your case, and ensure your rights are protected.

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Last Modified: 09-11-2014 04:32 PM PDT

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