When Is Premises Liability Expected In An Injury Case?

13 March 2020 by Jonathan Phillips

One of the first issues a personal injury lawyer will want to address before filing a claim is whether the defendant is likely to be found liable. Especially when an injury occurs due to the condition of a property, there is a question of whether premises liability applies. Here are three ways to look at the issue of premises liability like a personal injury attorney would.

Who's Responsible for Maintaining the Property?

It's important to be clear that this doesn't mean the maintenance staff or landscapers are liable.

What's important to understand is that the ownership of a property is the first layer to look at. Generally, property owners are liable for the maintenance of their locations. For example, you'd expect the owner of a convenience store to hire and train people to properly care for a place where other people come to shop.

Similarly, most municipalities also consider properties adjacent to public walkways to be liable for maintaining them. A homeowner who lets the sidewalk in front of their house get covered in snow and ice during repeated winter storms because they don't want to clear it, for example, may be liable.

Some exceptions occur. For example, some commercial lease agreements may transfer liability to the lessee. You might see this at a restaurant in a mall. A few cities assume responsibility for clearing sidewalks, too. There are also may be situations where lapses in ownership, such as the death of a homeowner without an heir, may create legal dead zones where no liable party can be found. That often leads to suing the municipality, especially if a known dangerous property has been let go for years on end.

Invitation vs. Strict Liability

Most states use an invitation standard for assigning liability. This means you have to be encouraged to come to the property. For example, the owner of a concert venue assumes liability by invitation because they or a designee sold tickets.

Strict liability means the only question is whether someone was hurt. A few states use this standard, and it means that even a burglar could file a claim.

Reasonableness

Lastly, reasonability plays a role in evaluating liability. This applies in situations where a reasonable person would expect someone to come onto the property. For example, a neighbor kid would reasonably be expected to come onto your lawn to retrieve a ball. Leaving the yard a shambles poses an unreasonable danger to others, and that may expose the owner to liability.

For more information, contact a personal injury lawyer.

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