Must know premises liability info for all property owners, managers and visitors…  

PREMISES LIABILITY – OWNERS AND POSSESSORS OF PROPERTY

Premises liability cases are cases that occur on property (“premises”) that are owned or maintained by someone else.  Whether someone rents or owns the building, they owe a duty to maintain the premises in a reasonably safe condition and to take measures to correct dangerous conditions for whomever steps foot on their property.  So, if they knew or should have known of a dangerous condition and they allow it to continue to exist, then they are negligent for putting people at risk.  This is also true if an agent or employee of the owner or possessor knew or should have known of the danger.

Slip and Fall Cases

“Slip and fall” claims are the best-known instances of premises liability cases.  The classic case is a wet floor but you can also have a case as a result of torn carpeting, objects placed or left in a location where customers walk, poor lighting, narrow stairs and any other instance where a dangerous condition exists and the owner or possessor of the property knew or should have known and failed to clean it up or correct it.  For example, if a can of paint spills and the store allows it to sit for an hour, then the owner should rightfully be held liable if someone slips on that floor.  Of course, the customer or visitor to the property is expected to use some general awareness for avoiding certain conditions, but generally the blame will fall on the owner unless the condition is open and obvious to everyone.

Although slip and fall cases are the most prevalent, there are other types of cases that can be pursued against an owner including situations involving unsafe defects on the property, building code violations, dangerous merchandise and equipment, hazardous materials and a third party assaulting someone on the property.  The last instance often comes as a shock, so we’ll discuss that more in our next blog post.   Until then, we want to know what you’ve experienced in the way of premises liabilities.  Please share with us your stories or questions.