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Personal Injury

What is Premises Liability?

A legal doctrine holding property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions.

Understanding Premises Liability

The duty of care owed depends on the visitor's status: invitees (highest duty), licensees, and trespassers (lowest duty). Property owners must inspect for hazards, warn of known dangers, and maintain safe conditions.

Examples

  • 1Slip and fall on wet floor in grocery store
  • 2Injury from falling merchandise
  • 3Dog bite on someone's property

Why This Matters in Legal Cases

Premises liability cases turn on the property owner's knowledge of dangerous conditions and the injured person's reason for being on the property. The legal duty owed differs depending on whether the visitor was an invitee (customer), licensee (social guest), or trespasser. Proving that the owner knew or should have known about the hazard is often the most challenging element.

Explaining to Clients

Advise clients to photograph the hazardous condition immediately if possible, get contact information from witnesses, and report the incident to the property owner or manager in writing. Explain that the defense will likely argue the client should have seen the hazard or was not paying attention, so documenting the conditions at the time of the incident is crucial.

Frequently Asked Questions

How do I prove the property owner knew about the hazard?

You can show actual knowledge (the owner was told about the hazard) or constructive knowledge (the hazard existed long enough that a reasonable owner should have discovered it). Evidence includes maintenance logs, prior complaints, surveillance footage, and testimony from employees. A wet floor that was mopped 5 minutes ago may be harder to prove than one that had been there for hours.

Does premises liability apply to renters and businesses?

Yes. The duty extends to anyone who occupies or controls the property, including tenants, business operators, and property management companies. In commercial settings, the duty is highest because customers are invitees—the business has invited them onto the property for mutual benefit.

Can I sue if I was injured on government property?

Yes, but claims against government entities have special rules. Most require filing a notice of claim within a short time frame (often 60-180 days) and may have damage caps. Sovereign immunity protections vary by state and by whether the government entity is local, state, or federal.

Sources

Related Terms

Slip and Fall

A premises liability case where someone slips, trips, or falls due to a hazardous condition on someone else's property.

Duty of Care

A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.

Personal Injury

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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