Define: Premise Liability

Premises liability is a legal principle that holds property owners or occupiers responsible for injuries or damages that occur on their property due to unsafe conditions or negligent maintenance. It applies to residential, commercial, and public properties and requires property owners to take reasonable steps to ensure the safety of visitors or guests. Premises liability typically covers a wide range of hazards, including slip and fall accidents, inadequate security, defective conditions, and dangerous activities on the property. The specific duties owed by property owners to visitors depend on the legal status of the visitor, such as invitees, licensees, or trespassers. Injured parties may seek compensation for their injuries through premises liability claims, which often involve proving that the property owner knew or should have known about the hazardous condition and failed to take appropriate measures to address it.

Premise liability laws established the duty of care the owner of property, buildings or land has to others who are on their property. In some situations, if the owner fails to perform their duty they may be responsible if someone is hurt and injured on their property.

State laws vary, but generally, premise liability laws outline the property owner’s responsibility and the uniform standard of care which is applied to invitees and licensees. Under premise liability laws the owner is required to “exercise reasonable care for the safety of the visitor, other than a trespasser.” To make sure an owner is using reasonable care they should inspect their property, identify dangerous condition and repair them if possible. If dangerous conditions cannot be repaired they should post appropriate warning signs.

Premise liability holds that an owner can be found liable if they have knowledge of a dangerous condition but they do not remove the danger or warn visitors and someone is injured. The court will review a number of factors prior to determining liability such as why the visitor was on the property, how the property is used, if the accident could have been predicted and the owner’s efforts to repair the property.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.