Premises Liability FAQs

1. What is premises liability?

Premises liability holds negligent property owners or occupiers responsible for injuries that occur on their property due to unsafe conditions. 

If you’re injured on someone else’s property because of their negligence in maintaining a safe environment, you may have the right to seek compensation for your losses.

2. What are common examples of premises liability cases?

Common examples of premises liability cases include slip and fall accidents due to wet floors or uneven surfaces, injuries caused by inadequate security leading to assaults, swimming pool accidents, dog bites, and injuries from dangerous conditions like poorly maintained stairways or construction sites.

3. What duty of care do property owners owe to visitors?

The duty of care depends on the visitor’s classification. Visitors are generally categorized as invitees, licensees, or trespassers. 

• Invitees: Individuals who enter the property for a business purpose or the benefit of the property owner (e.g., customers in a store). They are owed the highest duty of care. 
• Licensees: Individuals who enter the property for their own purposes but with the property owner’s permission (e.g., social guests). 
• Trespassers: These are individuals who enter the property without permission. Property owners owe the lowest duty of care to trespassers.

4. Do I need a premises liability lawyer?

Whether you need a premises liability lawyer depends on the severity of your injuries and the complexity of the situation. For minor injuries and straightforward cases, you might handle it yourself; however, for serious injuries, disputed liability, or complex issues like multiple liable parties, a lawyer is highly recommended. 

5. Is a dog owner liable if their dog bites me?

In most cases, the dog’s owner is liable. In some situations, landlords or property managers may also share responsibility if they knew the dog was dangerous. However, they may not be liable if it is found that you provoked the dog or were unlawfully on their property.

6. What if the dog owner claims I provoked the dog?

That may reduce or affect your compensation under comparative fault, but it doesn’t automatically prevent you from filing a claim. Liability depends on the details. By speaking with an attorney, you will gain an understanding of your legal options. Our Dog Bite 101 Guide can also provide clarity.