What is “premises liability” law?

Under what circumstances is a property owner responsible for injuries incurred on their property?

What duty of care does a property owner have?

How will it be determined that I have a case?

What does “causation” mean?

What damages are recoverable in a premises liability case?

What are economic damages?

Are punitive damages awarded in premises liability cases?

Can a property owner be liable for criminal acts which occur on their property?

I slipped and fell in the grocery store due to a wet floor. I, in turn, sprained my ankle. The store says that they are not responsible, because their cleaning company did not have time to clean up. Does this mean that I do not have a claim?

I was attacked in the parking lot of a department store; can I file a claim against the store owners?

Who will pay for my medical expenses?

If the store is not liable or negligent, then how do I pay for my medical bills?

I have reported my injury to the store; do I need to do anything else?

If someone falls and hurts himself at a hotel, does he have any recourse against the hotel?

Can a college be held liable for an attack on a student that occurred on campus?

If someone falls on a broken piece of a city sidewalk, can they sue the city?

What if someone gets injured while at the home of a neighbor, who invited him there for a party?

What is “premises liability” law?
Premises liability is the body of law that determines the responsibility of a property owner for injuries suffered by others while on his property.

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Under what circumstances is a property owner responsible for injuries incurred on their property?
Generally, a property owner is responsible for injuries on the property if the owner was “negligent“. A property owner is negligent if the property owner breached a duty of care owed to all person’s on their property.

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What duty of care does a property owner have?
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner’s duty of care is the highest with a business invitee while the lowest duty of care to a trespasser.

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How will it be determined that I have a case?
If the following can be proved, you may be able to file a successful lawsuit:

• The property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual
• There is causation, meaning that the property owner’s specific acts of negligence caused the injuries
• There are substantial damages involved in your case

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What does “causation” mean?

Causation means that the injured party must establish a direct connection between the negligent acts of the property owner and the injuries and damages they are claiming.

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What damages are recoverable in a premises liability case?

Generally, a plaintiff will be able to recover all economic damages incurred resulting from the occurrence. Many times non-economic damages are also awarded (i.e. pain and suffering, loss of enjoyment of life, inconvenience, etc.).

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What are economic damages?

Normally economic damages will include medical care, hospitalization, ongoing treatment programs, loss of income, the costs of hiring others to perform normal household duties that the injured person can no longer perform, and the loss of the injured person’s services to his or her spouse.

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Are punitive damages awarded in premises liability cases?

Punitive damages serve to punish the defendant and deter others from engaging in similar conduct. Most jurisdictions require proof of misconduct beyond ordinary negligence before punitive damages are awarded. It would need to be shown that the property owner acted with “reckless disregard” of a known danger. Proving this is often difficult.

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Can a property owner be liable for criminal acts which occur on their property?
In many jurisdictions, a property owner can be liable for criminal acts committed on their property if he knew, or had reason to know, that a criminal act was likely. For example, if a property owner knew that their was a fire in one of his apartments and failed to evacuate the building, he may be liable to those who are injured.

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I slipped and fell in the grocery store due to a wet floor. I, in turn, sprained my ankle. The store says that they are not responsible, because their cleaning company did not have time to clean up. Does this mean that I do not have a claim?
This is often an unsuccessful argument in court. You probably still have a strong claim. A premise liability attorney can advise you further.

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I was attacked in the parking lot of a department store; can I file a claim against the store owners?
Possibly. Store owners are usually responsible for having reasonable security on their property. This would include adequate lighting or additional security guards in high crime areas, for example. If proper security was not provided, you may have a claim.

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Who will pay for my medical expenses?
The property owner is responsible for all reasonable and necessary medical expenses incurred as a direct result of your injury. These claims are supposed to be paid under the owner's liability policy with their insurance company.

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If the store is not liable or negligent, then how do I pay for my medical bills?
Some businesses and property owners carry what is called “Med-Pay” coverage. This is no-fault insurance that will pay for medical expenses when someone is injured on the property, regardless of fault.

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I have reported my injury to the store; do I need to do anything else?
The most important thing you should do at the time of the occurrence is to get the names and telephone numbers of anyone who may have witnessed the event. It may be the last thing on your mind, but it could be critical to your future claim.

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If someone falls and hurts himself at a hotel, does he have any recourse against the hotel?
Perhaps. A hotel might be liable, for example, if someone slips and falls on a wet floor in the lobby. The hotel may be liable if they knew- or should have known- about the danger and failed to either warn visitors or clean it up.

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Can a college be held liable for an attack on a student that occurred on campus?
A student attacked on a college campus may have a negligence action against the college if the college did not exercise reasonable care in preventing the victim from being harmed. The court would likely question whether adequate security precautions had been taken and if not, they may hold the college liable.

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If someone falls on a broken piece of a city sidewalk, can they sue the city?
Cities have a duty to keep streets and sidewalks in good repair. An injured person may have a successful case against the city if they can prove that the sidewalk was not properly maintained. Note: Many states have statutes in place that prohibit recovery from municipalities.

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What if someone gets injured while at the home of a neighbor, who invited him there for a party?
Invited social guests may be able to recover from their hosts depending on how the injury occurred. A homeowner has the responsibility to tell their guests about any dangerous conditions that may be on the property. For example, if there is a broken step going to the back patio and the host does not tell their guests about it, the owner may be held liable for injuries incurred. The host should warn guests about dangers, or repair as needed.

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