Premises Liability
Premises Liability
Premises liability often refers to the liability a property owner may face due to an accident that occurred on their property. Both owners of a private residence and businesses open to the public can face such liability when an accident occurs due to their negligence to maintain a safe premises. The typical premises liability case involves issues relating to, but not limited to slip and falls, grocery/retail store accidents, swimming pool accidents, playground accidents, restaurant accidents, snow and ice accidents, inadequate maintenance of a premises, and dog bites.
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In order to succeed in a premises liability case, a plaintiff must prove that (1) the defendant owned, operated, or leased the property, (2) the defendant was negligent in his use of the property or failed to maintain the property, (3) the plaintiff was harmed, (4) the defendant’s negligence was the primary contributing factor to the plaintiff’s harm.
Negligence
The typical premises liability case will involve a cause of action alleging negligence on behalf of the defendant. In order to prove negligence, the plaintiff must show:
That a duty of care existed. This is an obligation that one party has to another to exercise a reasonable amount of care given the circumstances. This duty can arise from operation or ownership or the relationship between the parties.
That the duty of care was breached. Once a duty of care is established, it can be breached by inaction or by acting outside of the parameters of a reasonable prudent person given the circumstances.
That the breach of the duty of care caused the injuries to the plaintiff. The injuries sustained must have been “reasonably foreseeable” given the circumstances.
That the plaintiff suffered actual damages due to the actual and proximate cause of the defendant’s negligence.
Business Invitee vs. Licensee
The main difference between these two is that business invitees are on a premises for business or commercial purposes and invitees are typically invited onto a premises for a social purpose.
Examples of business invitees include: grocery store shoppers and restaurant patrons, while an example of a licensee would be someone who was invited over to a friend’s home for a social event.
With regard to licensees, property owners have the highest duty of care and must make the premises safe for any individuals invited onto their property. This includes warning the invitees of any known dangers on the property and taking reasonable measures to remove potential hazards on the property.
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With regard to business invitees, property owners do not have as high of a duty of care compared to invitees. However, property owners must take reasonable measures to ensure that the property is safe for its patrons. Property owners must also take reasonable steps to remove any hazardous conditions on the premises.
If you have been injured due to the negligence of another and believe your case involves issues pertaining to the liability of another property owner, please give us a call.
Trespassing
Simply put, a trespasser is someone who does not have permission or does not have the legal right to be on the premises. Generally, a property owner is not responsible for injuries sustained to someone who is trespassing on the premises. If the property owner is unaware of the trespasser’s presence, then no duty of care is owed. However, in certain circumstances, a property owner could be held liable for injuries to a trespasser if the property owner was aware of the trespasser’s presence. If a property owner is aware of such a presence, then warning must be given of all unnatural hazards. A trespasser may also be able to prove liability if they show that they were knowingly or intentionally injured.
