Premises Liability

Premises liability is a general term to describe those causes of action arising from injuries persons’ sustain while on the property of another. There are several different types of common premises liability cases. Some examples are:

Inadequate Maintenance: The owner or proprietor of a business fails to maintain his premises non-negligently and as a result persons they invite unto their property become injured.

Inadequate Security: The owner or proprietor of a business fails to provide adequate security despite being on notice of the need for security or fails to provide security for its patrons and/or customers in a non-negligent manner.

Defective Conditions: The owner of proprietor of a business fails to make repairs or warn those that are invited onto their property of a dangerous condition that they are aware of and as a result someone gets injured.

Slip and Fall: A customer slips and falls because the owner or proprietor of a business falls to mop up a floor.

By law, property owners or business proprietors are required to keep their premises and approaches safe. Accordingly, owners or proprietors are required to keep their premises free from dangerous conditions and are required to warn you of any potential danger of which they are aware. Failure to do so could result in injuries to persons that owners or proprietors have invited unto their property and liability under the law.

In all premises liability cases, one of the first things an experienced lawyer will do is evaluate and determine your specific entrant classification under applicable state law. Your particular classification under state law will govern the type of duty you were owed by the owner or proprietor of the property on which you were injured. The three main classifications are:

Invitee: an owner or occupier generally owes his invitees the duty of ordinary care in keeping the premises and approaches safe. Generally, an owner or occupier owes his invitees the highest duty of care in keeping his premises and approaches safe.

Licensee: a licensee is neither a customer nor a servant, nor a trespasser; who does not stand in any contractual relation to the owner of the premises; and who is permitted, expressly or impliedly, to go on the premises in question merely for his own interests, convenience, or gratification. Common examples of licensees are social guests or purchasers of tickets to amusement parks. A premises owner is liable to a licensee only for willful or wanton injury resulting from an unreasonable risk of harm.

Trespasser: trespassers are persons who enter the premises of another wrongfully and without permission of the owner, for the trespasser’s own benefit or amusement. The owner of the premises has no duty to keep the premises in good repair to protect a trespasser from a dangerous condition, but he has a duty to warn the trespasser when he sees him in a position of peril from the hidden condition, and he has a duty to exercise ordinary care not to injure the trespasser by his active negligence when the owner knows of the trespasser’s presence or has reason to anticipate his presence

If you or someone you know have been injured on the property of another as a result of their negligence, seek medical attention immediately and consider calling a Philips Branch & Hodges premises liability lawyer to learn what your rights and options are. The lawyers at Philips Branch & Hodges have extensive knowledge regarding premises liability law and a proven track record of success. Do not hesitate to call us today for your free case evaluation.