Premises Liability

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Premises Liability

In every state, a property owner has the responsibility to make a reasonable effort to maintain a safe environment for visitors. If they fail to keep the property safe for visitors, and someone is injured, they may be responsible for damages.

Some circumstances that fall under premises liability lawsuits are:

  • Animal and Dog Bites
  • Slip and Fall Accidents
  • Negligent or Inadequate Security
  • Inadequate Maintenance
  • Restaurant Liability

Different states follow different rules about who may recover for premises liability and under which conditions. Factors that are considered when determining the property owner’s responsibility are the circumstances under which the visitor came onto the property, the nature of the property, the reasonableness of the owner or occupant’s actions to repair or warn, and the foreseeability of the injury. If you’ve been hurt on someone else’s property, it’s best to speak with an attorney as soon as possible to understand your rights.

Frequently Asked Questions

Usually, a landlord is not responsible for the injuries of a tenant’s guest because the tenant is presumed to be in control of the condition of the property. However, there are exceptions, such as for latent defects, which are concealed and dangerous conditions already existing when the tenant takes possession of the property. Another exception occurs when a landlord undertakes repairs for a tenant. The repairs must be performed in a non-negligent manner.

Most states follow the principles of comparative fault in premises liability cases – meaning an injured person who is partially or fully responsible for what happened cannot recover for full damages arising out of a dangerous property condition. A visitor has the duty to use reasonable care to keep himself or herself safe. To the extent the visitor fails to use reasonable care, the recovery can be reduced by his or her percentage of fault.

For example, if an injured person is 10% responsible for an injury, the property owner is responsible for 90% of the injury, the injured person may be awarded 90% of their damages.

It depends. In states that focus on the status of the visitor when evaluating liability, trespassers who are injured are unable to recover anything at all. The property owner simply has the responsibility to refrain from intentionally trying to hurt the trespasser. In some cases, when an owner knows it is likely there will be a trespasser, it is required to give reasonable warnings of non-obvious danger to trespassers. There are some exceptions, such as with children who may be attracted to a feature like a swimming pool; they are owed a higher duty of care.

Get more answers to frequently asked questions HERE .