Premises Liability FAQ

The possessor of a property has certain responsibilities with regard to the maintenance of safe conditions or to warn of unsafe conditions on the property. Premises liability is the body of law that deals with such responsibilities. The failure to meet these responsibilities as outlined by a state's premises liability laws exposes the possessor of the property (e.g. property owner, property manager, tenant), liability for any injuries an occupant of the property suffers as a result.

Among the more common premises liability claims are for personal injury involving:

Cracked, sticky or slippery walking surfaces
Torn carpeting, raised seams in improperly installed carpeting
Foreign substances on the ground
Broken stairs or steps
Unmarked step-downs
Unmarked overhead beam on stairwell
Broken or defective handrails or guardrail
Open holes or potholes
Uncovered ditches or culverts
Broken doors or windows
Falling ceilings
Failure to restrain or warn of the presence of a dog or other animal
Improperly trained or socialized animal
Inadequately guarded swimming pool
Buildings and other improvements or structures that do not comply with local building codes
Lack of emergency exits
Overcrowding
Fallen trees, limbs, or overgrown tree growth or landscaping
Improperly maintained equipment, furniture or furnishings
Defective, inoperative or inadequate lighting
Toxic chemical exposure
Explosions from flammable fumes in an enclosed area
Lack of access control
Weak locks
Poor management policies

The presence of a dangerous condition or hazard on a property is not, by itself, sufficient. Your injury must have resulted due to negligence on the part of the owner, manager or possessor of the property. If any of these parties failed to exercise reasonable care in keeping conditions on the property safe, or if their conduct was reckless, intentional, or malicious, you are likelier to recover damages.

The possessor of the property could still be held liable for an injury that took place on the premises if he or she should reasonably have known of the danger.

The homeowner could still be held liable for an injury that took place on the premises if he or she should reasonably have known of the danger.

Premises liability cases for injuries suffered on a commercial property tend to be more complicated because the business owners', property managers' and employees' job responsibilities need to be defined. This determines how these parties were involved and the degree to which they are to be held accountable for the resulting injuries or death.

Contact our Personal Injury Lawyers today. We are experienced in premises liability claims and premises liability lawsuits, and may be able to help you in your time of need.