Premises liability is a legal term referring to claims arising from a violation of a duty the property owner has to certain individuals who become injured due to unsafe conditions while on the subject property.  These types of accidents can result in severe injuries, such as brain and spinal cord injuries. 

Premises Liability Statistics 

A common type of premises liability accident involves slip or trip and fall accidents.  The Center for Disease Control states that the direct medical costs for fall injuries totaled 19 billion dollars in 2000.  According to a premises liability statistics report published by the University of Florida, more than one million people suffered a slip, trip, or fall injury in 1999.  In that same year, over 17,000 Americans died due to slipping, tripping, or falling.  Additionally, of the approximate 3.8 million disabling injuries that occur every year in the workplace, fifteen percent of them are caused by slips, trips, or falls. 

Two Types of Falls

With regard to premises liability accidents involving falls, such as slip and fall accidents, there are generally two types of falls--elevated falls and same-level falls.  Although injuries related to elevated falls are more severe than same-level falls, same-level falls are actually more common.  Same-levels falls most often include slipping or tripping.  Injuries from slip and fall accidents frequently result from the person hitting the ground or hitting another object during the fall. 

Common Circumstances of Premises Liability Claims

Premises liability claims can also arise out of numerous different circumstances other than slip and falls and trip and fall accidents.  Premises liability actions may result from:

• Dog bites
• Falling objects, including heavy objects
• Unsafe or hazardous conditions
• Defective furniture
• Sidewalk defects
• Roadway defects, including potholes
• Poorly lit rooms, buildings, or stairwells
• Unfenced swimming pools
• Toxic substances or chemicals on the property 
   

Geographic Locations Where Premises Liability Claims Can Arise

In general, premises liability claims may arise anywhere where a person or entity owns the property or possesses the property.  Premises liability claims can arise at

• Shopping Malls and Retail Stores
• Stadiums and Arenas
• Theme Parks
• Hotels
• Restaurants and Bars
• Private Homes and Apartments
• Offices and Office Buildings
• Parking Lots and Parking Structures
   

Negligence

Many premises liability cases are based on a negligence theory of liability.  Negligence cases require establishing that the defendant did not exercise the standard of care of a reasonably prudent person in a similar situation.  In a premises liability action alleging negligence, the plaintiff must demonstrate the following:

• Duty:  The property owner or person in possession of the property has a duty to protect the plaintiff from unreasonable risks of harm;
• Breach:  The property owner or possessor breached this duty and failed to keep the premises reasonably safe;
• Causation:  The property owner or possessor's breach of duty caused the plaintiff injuries; and
• Damages:  The property owner or possessor suffered damages, such as medical expenses and lost wages due to the breach of duty.  
   

Duties Owed by the Property Owner or Possessor

As the above negligence elements demonstrate, one critical element is the "duty" element.  The duties that property owners owe vary depending on the classification of the entrant to the property, such as an unknown trespasser, known trespasser, licensee, or an invitee.  Below are explanations of the duties that owners or possessors owe:

• Unknown Trespasser:  A trespasser is an individual who is on the premises without the express or implied permission of the property owner or possessor.  If the property owner or possessor is unaware of the trespasser's presence then no duty is owed to the unknown trespasser.
• Known Trespasser:  If the property owner or possessor is aware of the presence of the trespasser. then a duty to keep the premises reasonably safe is owed to the known trespasser, such as warning of dangerous conditions that are not obvious or noticeable.
• Licensee:  Licensees are people who are invited by the property owner or possessor to enter the premises for a purpose other than for a business or commercial purpose.  A common example of a licensee includes social guests of a person's home.  The property owner or possessor must warn licensees of dangerous conditions on the property that are not readily apparent.
• Invitee:  Invitees are people who are invited to enter the premises for a commercial purpose.  A typical invitee would be a customer to a department store who enters the property for a commercial purpose; for instance to buy merchandise.  Invitees are owed a higher duty of care than licensees.  The property owner or possessor has the duty to periodically inspect the premises, warn invitees of any harmful conditions on the property, and protect invitees from harmful conditions on the property.    

Government-Owned Property

If individuals are injured at premises owned or controlled by the federal government or a city, county, or state entity, in most circumstances there are specific municipal and state statutes governing when and how people can file a claim for the injuries they suffered while on public property.  An experienced premises liability lawyer is able to explain the different circumstances and requirements that must be met when filing a claim against a public entity. 

Comparative Negligence and Contributory Negligence

Comparative negligence and contributory negligence are types of defenses that defendants have against the plaintiff depending on where the claim is filed.  The majority of states, including Arizona, California, and Florida, follow some type of comparative negligence system.  Comparative negligence is a doctrine where the plaintiff's potential recovery in a negligence action is reduced proportionally by the plaintiff's degree of fault in causing the accident.  For instance, the plaintiff might be found to be comparatively negligent if the plaintiff's intoxication or carelessness was a significant factor in causing the accident.

A handful of states, including the District of Columbia, follow the contributory negligence doctrine, which essentially states that a plaintiff will be barred or prevented from recovering any damages if the plaintiff's own negligence was a contributing factor in causing the plaintiff's own injuries. 

If you or someone you know has been seriously injured while on the premises of another, contact the National Justice Coalition to be connected with an experienced lawyer in your area who can evaluate your case.