Premises Liability

By John Devendorf, Esq. | Reviewed by Andrew Leonatti

Last updated May 4, 2025

Property owners have a responsibility to keep their property safe for visitors, customers, and tenants. If you get hurt in a slip-and-fall accident, the person who owns the property might be responsible for your injuries. Depending on the type of accident, you can file a personal injury lawsuit against the property owner to get money for your injuries.

Premises liability laws differ in every state. Talk to an experienced premises liability lawyer for legal advice about your rights and compensation.

What Is Premises Liability?

Premises liability laws hold property owners responsible for injuries caused by dangerous property conditions. For example, if you fall at the supermarket because of a slippery floor, the grocery store might be responsible for your medical bills.

A premises liability case is a type of personal injury case. You can seek damages for your injuries, including medical bills, loss of income, and any other losses related to the accident. To recover damages, you have to prove that the property owner was liable for your claim because they failed to keep the property in a safe condition.

Duty of Care in Premises Liability

Property owners have a duty of care to visitors on their premises. A duty of care is a legal responsibility to make a reasonable effort to avoid harm or injury to another person. Property owners have a duty of care to provide a safe environment without dangerous conditions for visitors.

A property owner who causes harm by breaching their duty of care to others is negligent. A property owner’s negligence could involve:

Failing to warn about hidden dangers
Failing to maintain the property
Failing to follow building and safety codes

To prove a property owner was negligent, you must prove that they were negligent in their use or maintenance of the property. You must also prove that you suffered a loss, such as medical bills, from your injuries.

Types of Visitors: Invitees, Licensees, and Trespassers

The standard of care varies from state to state. Some states have a general reasonable care standard for any injuries on another person’s property. States like Florida have different expectations for different types of visitors.

In general, these states separate visitors into three categories:

Invitee: This is someone invited onto the property and there for the property owner’s benefit. For example, a shopper who goes to the grocery store or a retail store and slips on a wet floor is an invitee. The business owner may be liable in this case.
Licensee: This is someone on the property for their own benefit. A common example of a licensee would be a social guest, like a guest at a party. If the property owner knew they had a broken front step and didn’t fix it, a guest may have a claim for compensation if they fall and suffer serious injuries.
Trespasser: This is someone on the property without the owner’s permission or consent. In most states, property owners aren’t liable for injuries to trespassers unless a property owner intentionally caused the injury. For example, if a property owner sets up a trap to injure anyone who comes onto their property, they could be liable for injuries to trespassers.

Common Types of Premises Liability Cases

Premises liability accidents can involve any type of injury or accident that happens on someone’s property. Premises liability includes anything from a dog bite injury to slipping on icy walkways. Some common types of premises liability injuries caused by unsafe conditions include:

Slip-and-fall accidents, such as on wet floors or icy parking lots
Injuries caused by inadequate security
Tripping on torn carpet, broken concrete, or other hazards
Animal attacks
Lack of safe lighting
Burn injuries
Stairway falls
Elevator or escalator injuries
Falling objects
Swimming pool accidents
Amusement park accidents
Toxic chemical exposure

These injuries can happen to visitors, customers, salespeople, tenants, or guests. Property owners, occupiers, and property management companies should take steps to make sure their properties are safe. This includes proper maintenance for anyone who might be unaware of any dangerous property conditions.

Defenses in Premises Liability Cases

One defense to a premises liability claim is the open and obvious defense. The owner is not responsible for the accident because the hazardous condition is open and obvious to a reasonable person. However, the owner may still be responsible if they didn’t provide a warning of the hazard or didn’t take steps to fix it.

Comparative negligence is another defense to a premises liability claim. In comparative negligence, the injured person is partially at fault for the accident. This means that your ability to recover damages is limited, but you may still be able to recover partial damages.

Different states have different approaches to contributory negligence or comparative negligence. In some states, if you share in any blame for your injuries, you can’t recover damages. In other states, your damages are offset by your percentage of liability. In states like Texas, if you are 50% or more responsible, you may not be able to recover any compensation.

Why You Need a Premises Liability Lawyer

You have a limited time to file a personal injury case. This is the statute of limitations, which varies from state to state. Whether you have a premises liability claim depends on many factors. Factors include the type of property, the reason you were on the property, and your actions before the injury.

A premises liability attorney can help you determine if you have a premises liability lawsuit and how much you can recover in damages.

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