Premises liability is civil liability for negligence that occurs on property owned by someone other than the victim. The person or company that owns or controls the property is responsible for foreseeable injuries that occur to guests on the property.
State laws dictate that residential property owners have a duty of care towards most individuals who enter their property. If the residential property owner does not exercise this duty of care, then the owner will be liable for negligence.
A plaintiff must prove in court in a premises liability case that:
Residential property owners are not the only potential defendants in a premises liability case. Other liable individuals could be:
Premises liability is an umbrella term for injuries that occur due to the negligence of property owners. However, there are numerous types of negligence claims that occur under premises liability. These include:
Residential property owners do have an arsenal of defenses to premises liability. These can include:
Premises liability lawsuits are difficult to navigate and involve very complex statutes, cases, and defenses. If you are being sued in a premises liability case, you need an experienced personal injury lawyer to help you fight the negligence claims, negotiate a settlement, and raise any affirmative defenses.
Last Modified: 06-26-2018 07:48 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.