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Home > Personal Injury > Premises Liability

Premises Liability

What is Premises Liability?
In the law, the term "premises liability" refers to a situation where an individual is injured on property, or "premises" owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or "liable," for that person's injuries if the injuries were the result of a dangerous condition that existed on the property.

Property owners and businesses have a duty to provide a safe environment for people on their property and, if they fail to do so and someone is injured as a result, they may be held liable for the injured person's medical expenses, pain and suffering, and lost wages. A premises liability case might arise against owners not only of commercial property, but private residences, vacant lots, and many other types of properties.

Can a hotel be held liable for injuries on premises?
A hotel may be liable if a slip, trip or fall occurs on hotel premises. If someone slips on food or drink in the hotel dining area, or gets hurt due to slippery surface, they may be entitled to compensation. This holds true when the hotel either knew about the problem and was negligent in fixing it, or was unaware, but should have been.

If one slips on city property, can they sue the city?
Municipalities must maintain streets and sidewalks. If you've been injured you may have a successful case against the city if you have proof that the city failed to maintain the sidewalk properly. There are very important deadlines and procedural requirements, so you may want to speak with an attorney if you believe that the city is liable for your injury.

Are building owners required to have safety precautions in case of fires?
Yes, building owners are required to have a sprinkler system, and posted escape routes. Building owners are responsible for the safety of those living or working in said building.

Is a school or college liable for an attack on a student on campus?
Only in certain cases is a college or school liable for attacks on premises.In a case involving a college campus attack, the courts would ask whether similar attacks had occurred in the past. If so, the court would ask what security precautions the college had taken, and might find that the steps taken were insufficient, holding the college liable.

Is my landlord liable for injuries sustained on his property?
Perhaps. Generally, to prevail in a claim like this, you must establish, among other things, that the landlord was in control of the area, that the landlord knew of the defect or dangerous condition on the property, and that the landlord's inaction caused an injury.

Is my landlord responsible for injuries arising out of criminal acts occurring on his property?
Perhaps. Tenants are filing these types of suits more frequently. Victims of rape and assault have filed lawsuits against their landlords and collected judgments exceeding $1 million.

What is an attractive nuisance?
An attractive nuisance is anything a landowner has on his property, other than a naturally occurring condition, that tends to attract children. Examples of attractive nuisances include, but are not limited to, uncovered swimming pools, dogs and other animals, and other items that may pique a child's curiosity. Having an attractive nuisance requires the landlord to take reasonable precautions to prevent children, who are unable to fully grasp the danger associated with the nuisance, from coming onto his property.

Are playground-related injuries a problem?
200,000 preschool and elementary school children visit emergency rooms annually for treatment of injuries sustained while using playground equipment. About 70% of these injuries occur on public playgrounds. Approximately 35% of all playground accidents result in severe injuries such as fractures, concussions, dislocations, internal injuries, and amputations.

What types of playground equipment cause the most injuries?
Children falling off of swings, monkey bars, climbers, and slides account for the majority of these injuries.

What are the costs associated with playground injuries?
In 1995, the costs associated with playground injuries exceeded $1.2 billion.

Should I contact a lawyer if I have been injured on another's property?
Perhaps. It may be important for you to contact an lawyer experienced in slip and fall accident settlements who can help you protect your legal rights. Only a licensed lawyer can evaluate whether you have a case that is worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which impact on your ability to sue.

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