Every time you set foot on someone else’s property, whether you’re visiting a friend’s house or strolling through a public park, you trust that there are no hidden dangers putting you at risk of harm. When a property owner or government entity does not adequately maintain or repair their premises, someone can get seriously hurt. If you suffer harm on someone else’s property because it is in a state of disrepair or has obvious safety risks, you may have been injured in a premises liability accident.
Defining Characteristics of a Premises Liability Accident
To pursue a successful premises liability lawsuit against a property owner or organization, the injured victim must be able to prove that the responsible party was negligent in maintaining the property. According to the Hill Law Firm, negligence can be understood as “the failure to use an appropriate amount of care for a situation.” For example, say that a neighbor’s rotting porch steps cause you to fall and break your ankle. The neighbor’s failure to replace or repair the dangerous steps may constitute a premises liability incident.
However, not all injuries that occur on someone else’s property are due to the owner’s negligence. Sometimes an unavoidable accident occurs through simple misfortune or circumstances outside of the property owner’s control. Additionally, even if the property where the injury occurred is in demonstrably poor condition, the owner is not necessarily guilty of negligence. You must prove that the property owner knew or should have known that dangerous conditions existed, and that they failed to take reasonable measures to protect visitors.
Types of Premises Liability Accidents
Maybe you knock someone who accidentally fell down a flight of stairs or was bitten by a neighbor’s aggressive dog. Depending on the laws of the state where the accident occurred, these could be considered premises liability accidents. Some personal injury situations that may qualify include:
- Slip and fall incidents
- Dog bites
- Inadequate upkeep of the premises
- Amusement park accidents
- Elevator or escalator accidents
- Snow or ice incidents
- Swimming pool accidents
- Exposure to toxic chemicals or fumes
- Inadequate building security, leading to assault
- Fires
When do Premises Liability Laws Apply?
Each state has its own rules regarding to premises liability cases. In some states, a property owner owes a duty of care to any person that may enter the property. In other states, a landowner’s duty of care depends on the visitor’s status. In such a state, visitors are typically divided into three categories:
- Invitee: A person in this category has the owner’s implied or express permission to enter their property. Typically, people in this category are neighbors, family, and friends. In most circumstances, property owners owe invitees a duty of care to keep the property reasonably safe and free of hazards.
- Licensee: A visitor that is a licensee has the landowner’s implied or express permission to visit the property but is likely to do so for their own purposes. For example, a door-to-door salesperson would be considered a licensee. The homeowner still owes them a duty of care to warn licensees of anything that would cause an unreasonable risk of harm if: 1) the condition is known to the owner and 2) the licensee would not reasonably be aware of the risk.
- Trespasser: When someone is not authorized to be on a property, they become known as a trespasser. Typically, property owners do not owe a duty of care to a trespasser, unless they are a child. To prevent a child trespasser from suffering harm, the owner should take reasonable care to minimize risk on their property.
Always Exercise Caution on Unfamiliar Properties
Property hazards can cause serious harm to you or a loved one. To reduce your risk of injury, be sure to stay aware of any potential dangers on unfamiliar properties. If you notice dangerous conditions on a property, advise the owner or agency responsible for maintenance and upkeep as soon as you safely can.