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You are here: Home: >> Public: >> Accident & Injury Law: >> Premises Liability

About Premises Liability

Liability law states that the person who owns or is in possession of property can be responsible for injuries sustained by persons on said property. Premises liability claims are usually handled by the property owner’s insurance carrier. In many states the laws which govern premises liability tend to favor the property owner thus it is advisable to contact an attorney. Conditions that could lead to premises accidents include uneven floor surfaces, poorly marked changes in elevation, slippery surfaces, broken sidewalks, uneven elevators and broken steps.

The Plaintiff’s Status

The extent of a property owner’s liability for damages depends on weather the plaintiff is categorized as an, “invitee”, “licensee”, or “trespasser”.

  • Invitee: An invitee is a visitor that enters the premises for the commercial benefit of the owner/possessor. The property owner or possessor owes the highest level of responsibility to the invitee. It is the duty of the owner/possessor to protect or warn an invitee of hazardous conditions which exist on the premises.
  • Licensee: If the express or implied permission of the owner/possessor is given to enter a property for reasons other than for commercial benefit, the guest is considered a licensee. In most cases the property owner is not responsible for injuries unless the plaintiff can prove the following three circumstances.
    1. The possessor knew or should have known that a condition existed which posed an unreasonable risk of harm to the licensee, and should not have expected he or she would discover or realize the danger.
    2. The possessor did not exercise reasonable care to ensure the condition was safe, or to provide warning of the unsafe condition.
    3. The licensee was unaware of the condition and the risk involved.
  • Trespasser: Someone who enters a property without express or implied permission and for his or her own purpose which is not for the benefit of the owner is considered a trespasser. It is not usually a requirement for the defendant to prove that the trespasser did so unlawfully.

Personal Injury Statutes of Limitation by State



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