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The term "premises liability" refers to a situation where an individual is injured on property, or "premises" owned or maintained by someone else.

Premises Liability - An Overview

Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, or by a defect in the building. The law provides that property owners must keep their premises reasonably safe for people who are on the property lawfully. In some situations, such as those involving businesses that encourage the public to come in, the law may say that the property owner has the duty to inspect its premises, and to discover dangerous conditions. If you have been injured while on property belonging to someone else, it is essential that you seek legal counsel from experienced personal injury attorneys.

Keeping the Premises Safe

A property owner, or a person in possession of property, has responsibilities regarding the safety of the premises. These responsibilities vary from state-to-state. They may even vary according to the people on the property. An attorney who is knowledgeable in the law of premises liability can advise you regarding the property owner's responsibilities under the law of your state.

Condition of the Property

In many states, the property owner, or other person in possession of the property (such as a tenant), must exercise reasonable care to make the premises safe for anyone on the premises lawfully (social guests, customers, etc.). This usually means that the property owner has the duty to inspect the property periodically, and either to repair dangerous conditions or to warn of the dangerous condition.

Toxic Substances on the Property

Toxic substances may include numerous things, including some you may not think of as particularly hazardous, or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, or fluids drained from motor vehicles. The law regarding toxic substances is very complex, and to ensure that you receive the most accurate, and current, advice, you should consult an attorney experienced in the law of toxic substances.

Disclosure

In many states, if you are selling or leasing residential real estate, you must disclose the existence of known hazardous substances on the property. Federal law requires the disclosure of lead hazards, such as lead plumbing or lead-based paint. State or local laws may require disclosure of other substances, such as asbestos.

Governmental Immunity in Premises Liability Cases

One of the most common premises liability situations occurs when a member of the public is injured by a defect on a public sidewalk or roadway. For example, many accidents occur when traffic lights or signs malfunction, are obscured, or are not present at all. Another example is where a local government entity is performing roadwork involving an excavation or obstruction of the roadway, and someone is injured due to the change in the road's surface or traffic flow. Finally, a very common situation is where someone is injured when he/she trips and falls due to a defect in a public sidewalk. In these cases, it would seem clear that the governmental unit responsible for maintaining the road or walkways should be held legally responsible to the injured party.

Bad Tenants and the Landlord's Responsibilities

Landlords are obligated to provide their tenants with a reasonably safe place to live. In many states, this duty includes installing smoke alarms and sprinklers for fire protection, and peepholes and locks for protection against intruders. What about protection from other tenants? Unlike the trespasser or intruder, the bad tenant, who disturbs or endangers other tenants, has some legal right to be on the property. An attorney with expertise in the area of premises liability law can advise you on your state's law on this subject.

Duties Owed By Property Owners And Possessors

In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees, and trespassers. In states that still distinguish among these categories of people, the legal duty owed to each category is different. It is important to ask an attorney whether these categories and standards of care apply in your state.

Premises Liability Resource Links

Administration on Aging
Contains information on the Older American's Act, State Ombudsman Programs, and an expansive directory of Web sites on aging.

Bureau of Labor Statistics
Features labor data, surveys, publications and more.

CDC Health Topic
Injuries From the Centers for Disease Control and Prevention. Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.

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Frequently Asked Questions about Premises Liability

Q: If someone falls and hurts him or herself on a hotel's premises, does he or she have any recourse against the hotel?

A: A hotel might be liable if someone slips or trips and falls on hotel premises. For example, if someone slips on spilled food or drink in a hotel bar or restaurant, snow and ice that has not been cleared from a walkway, or on wet tile floors or other slick surfaces, the hotel might be liable if it knew or should have known about the danger and failed to warn visitors or clean it up. A hotel could also be liable if someone is injured because of a design or building flaw (such as steps that are too steep) or the hotel's failing to light an area properly.