Around one million people each year in the US end up needing emergency medical care because they slipped and fell. When someone slips and falls on private property, such as in a retail store or even a neighbor’s house, they could file a lawsuit. Premises liability refers to the legal responsibility of property owners to provide a reasonably safe environment for people who come onto their property. It goes beyond simple slip and fall incidents to encompass a wide range of potential dangers that could exist on a property.
We’ll discuss this more in beyond slip and fall: what is premises liability?
What is Considered a Premise?
A premise refers to any property that is owned by an individual or entity. This includes both commercial and residential properties such as:
- Stores, restaurants, hotels, movie theaters, and other businesses
- Apartment buildings, condominiums, and other rental properties
- Private homes and yards
- Parking lots and garages
- Public parks, pools, trails, and other recreational areas
Any property owner or tenant who controls the premises may be held liable if someone is injured while on their property. So, if you slip on a discarded tomato in a grocery store and break your leg, the property owner could be liable if they failed to clear up the mess or put out signs warning customers to be careful.
The Duty of Care Owed to Visitors
Property owners have a legal duty to exercise reasonable care to keep their premises safe. However, the level of duty owed depends on the classification of the visitor:
Invitees
Invitees are visitors who enter the premises for the property owner’s benefit, such as customers at a store. Property owners owe invitees the highest duty of care to inspect the property and either make it safe or warn of any concealed dangers. Signs warning customers about slippery floors in wet weather are a good example.
Licensees
Licensees are visitors who enter a property for their own benefit, with the owner’s permission. Social guests at a home would be considered licensees. Property owners must make reasonable efforts to warn licensees of known hidden dangers. For example, if you know a paving slab is a potential trip hazard and you’re having a BBQ, it’s a good idea to warn your guests before they drink a bottle of wine.
Trespassers
Trespassers enter a property without permission. Property owners are only required to refrain from deliberately inflicting harm on trespassers. They have no duty to inspect or warn trespassers of dangerous conditions. Therefore, if a burglar breaks in and falls through a rotten floorboard into the cellar, sustaining a traumatic brain injury in the process, it isn’t the homeowner’s fault.
In some states, the traditional categories have been simplified to owe invitees and licensees the same general duty of reasonable care.
Types of Dangers that Lead to Premises Liability
There are many potential hazards on a property that could lead to a premises liability claim filed by a Los Angeles slip and fall accident lawyer if they cause injury. Some examples include:
- Slippery floors due to spills or weather conditions
- Uneven walking surfaces, cracked pavement, or other tripping hazards
- Unsecured rugs and carpeting
- Poor lighting in stairwells, aisles, or parking lots
- Uncovered mechanical equipment like wires, gratings, pipes
- Accumulated grease or water in kitchen areas
- Lack of safety equipment such as railings on stairs
- Inadequate security against criminal activity
- Dangerous activities occurring on the premises
- Swimming pools without proper barriers or warnings
- Accumulation of snow and ice on walkways
- Falling merchandise in stores
- Aggressive dogs or other pets
Merely sustaining an injury on a property does not automatically make the owner liable. The injured person must show that a dangerous condition existed, the owner was aware or should have been aware of the hazard, and no effort was made to correct it or warn visitors.
Establishing Liability in Premises Cases
To establish a valid premises liability claim, several legal elements must be proven:
- The property owner owed a duty of care to the injured visitor
- The property owner breached this duty of care through negligence
- The breach of duty directly led to the visitor’s injury
- The injury caused identifiable monetary damages
Proving negligence requires showing that the property owner failed to act with reasonable care, either by creating the dangerous condition or by failing to discover and remedy it. Good record-keeping of safety inspections and repairs can often defend against negligence claims.
Damages in premises liability cases may include medical costs, lost income, pain and suffering, or other losses stemming from the injury. In some cases where negligence led to wrongful death, families may also pursue a wrongful death lawsuit with the help of a slip and fall accident lawyer Los Angeles.
Common Defenses in Premises Liability Claims
Here are some of the most common defenses used by property owners against premises liability claims:
Lack of Actual or Constructive Knowledge
Owners can argue they were unaware of the hazardous condition and had no reasonable way of discovering it. This may protect against claims of negligence if the danger was not detectable upon reasonable inspection.
Open and Obvious Danger
If a hazard was obvious to a reasonable person, the property owner may not have a duty to warn visitors. For example, a visibly uneven floor may be considered an open and obvious trip hazard.
Assumption of Risk
Owners may claim visitors recognized the danger but voluntarily continued to encounter it. People assume certain inherent risks when participating in sports and recreational activities.
Comparative Negligence
The victim’s own negligence may have contributed to their injury. States with comparative negligence may reduce the owner’s liability by the percentage the victim was at fault.
Failure to Prove Causation
Injured visitors must definitively show their injury was directly caused by the alleged dangerous condition. Owners can dispute whether an accident report accurately describes the events.
Sovereign Immunity
Government entities have immunity from lawsuits for accidents on public property unless they have waived immunity in certain circumstances.
These defenses focus on disproving negligence, causation, or liability. Top slip and fall lawyers from Karns & Karns Personal Injury and Accident Attorneys can help injury victims overcome these arguments to prove the owner breached their duty of care.
An experienced personal injury accident attorney from Karns & Karns Personal Injury and Accident Attorneys can help gather evidence and build a compelling case to prove liability after a serious premises accident. Property owners need commercial insurance and legal defense against such claims. Following safety best practices is the best method to avoid premises accidents in the first place.
For a slip and fall lawyer free consultation, call 800-4THE-WIN (800-484-3946) to speak to a lawyer from Karns & Karns Personal Injury and Accident Attorneys.
