Reasons Premises Liability Claims Are Often Misunderstood
When someone gets hurt on another person’s property, the instinct is often to brush it off as bad luck or a personal failing. That instinct is understandable, but it is frequently wrong. Property owners carry a legal duty to maintain reasonably safe conditions for people who enter their premises, and when they fail to meet that duty, a premises liability claim may be the appropriate legal response.
Our friends at Polsky, Shouldice & Rosen, P.C. discuss premises liability cases with injured clients who are often unsure whether what happened to them even qualifies as a legal matter. A Workers Comp lawyer handling a property injury case will typically start by examining the relationship between the injured person and the property, because that relationship is central to how the claim is evaluated.
Why the Type of Visitor Matters
Invitees, Licensees, and Trespassers
Premises liability law does not treat all visitors the same way, and the duty a property owner owes depends significantly on why the injured person was on the property in the first place.
An invitee is someone who enters with the owner’s express or implied invitation, typically for a commercial purpose. Customers in a store, guests at a hotel, and patrons at a restaurant all fall into this category. Property owners owe invitees the highest duty of care, which includes actively inspecting the property for hazards and addressing them promptly.
A licensee enters with permission but generally for their own purposes. A social guest at a private home is the most common example. The duty owed to licensees is somewhat lower. Owners must warn of known hazards but are not necessarily required to conduct active inspections.
A trespasser enters without permission. The general rule is that owners owe trespassers only minimal duty, though many states carve out stronger protections for child trespassers under the attractive nuisance doctrine, which applies when a property contains features likely to draw in children, such as a pool or abandoned equipment.
Common Scenarios That Give Rise to Premises Liability Claims
Premises liability cases come in many forms. Some of the most common include:
- Slip and fall accidents caused by wet floors, uneven surfaces, or poor lighting
- Trip and fall incidents from broken pavement, damaged flooring, or unmarked hazards
- Swimming pool accidents, particularly those involving unsecured or unfenced pools
- Elevator and escalator malfunctions in commercial buildings
- Inadequate security leading to assault or other criminal harm on the property
- Dog bites occurring on the owner’s property
- Falling objects in retail or warehouse settings
- Structural failures such as collapsing decks, railings, or staircases
Each of these involves a different factual analysis, but the underlying legal question is consistent: did the property owner know or should they have known about the dangerous condition, and did they take reasonable steps to address it?
What an Injured Person Needs to Prove
The Four Elements of a Premises Liability Claim
A successful premises liability case generally requires establishing four things. First, the defendant owned, occupied, or controlled the property. Second, the defendant was negligent in maintaining it. Third, the injured person suffered harm. Fourth, the defendant’s negligence was a substantial factor in causing that harm.
The second element is where most cases are contested. Proving negligence in a property injury case often hinges on showing that the dangerous condition existed long enough that the owner should have discovered and corrected it, or that the owner actually created the hazard in the first place. TheRestatement of Torts, as recognized by the American Law Institute, provides the foundational framework courts use to evaluate this type of negligence.
Steps That Strengthen a Premises Liability Claim
Acting quickly after a property injury makes a meaningful difference in the outcome of a claim. The following steps matter:
- Report the incident to the property owner or manager before leaving and request a written record
- Photograph the hazard, the surrounding area, and any visible injuries as soon as possible
- Seek medical attention immediately, even if the injury seems minor
- Identify and collect contact information from any witnesses
- Preserve the clothing and footwear worn at the time of the incident
- Avoid giving recorded statements to the property owner’s insurer without first speaking to an attorney
TheCenters for Disease Control and Prevention recognizes falls as a leading cause of injury across all age groups, reinforcing that these incidents carry real physical and financial consequences that the legal system is designed to address.
When to Talk to an Attorney
If you were injured on someone else’s property and believe the conditions were unsafe, our team is here to help you understand whether you have a viable premises liability claim and what pursuing it would look like. The sooner we can review the facts, the better positioned we are to gather evidence, assess liability, and pursue the compensation you may be entitled to receive.