Premises Liability - Injured on someone else’s property? The basics of premises liability law

Premises liability is an area of civil law that holds a person responsible when someone is injured on his or her property.  Some people commonly refer to these situations as “slip and fall” cases, however that name should not mislead the legal consumer into thinking that these are easy cases.  To the contrary, it takes a skilled and experienced personal injury attorney to assess a premises liability case. 

There are multiple factors that an attorney must take into consideration when determining whether or not you have a viable claim. For example, your attorney must evaluate whether or not the so-called defendant was truly the possessor of the land and premises at issue.  Second, your attorney must evaluate the premises liability law in your particular jurisdiction to determine whether you are classified as an invitee, licensee, or trespasser. These classifications will relate to the duty the defendant owned to you.  Usually a property owner (or person in control of the property at issue) has the duty to use ordinary care and to protect and warn persons on their property of harm, if such harm is unreasonable.  Included in this duty is the obligation to inspect the premises so that a property owner will become aware of potential hazards.  

Interestingly, property owners whose premises abut sidewalks and public roads can be held responsible when dangerous conditions existing on those premises harm members of the public who are passing by. 

Van Dorn & Curtiss frequently represents individuals who have been harmed by dangerous conditions existing on someone else’s property.  If you would like to find out more about these types of accidents, injuries, or insurance claims, visit our website.