Premises liability is a doctrine that sets forth those situations where the owner or occupier of property is liable for injuries that occur on the property. A common example of this is a slip and fall accident, being an injury that occurs because of a condition on the property.
Only the party who controls the premises has liability for accidents or injuries that occur upon it. This might be the party who owns the property, but not always. If a property owner enters into a long-term lease with a business where it is specified the leasee has total control of the premises for the life of the lease (Example, Macy’s or Krogers), in such a situation, the tenant, and not the property owner would have liability.
The party ‘in control’ has obligations to persons on the property, depending on the status of the injured party.
A party who is there for the benefit of the ‘in control’ party is called an Invitee. Examples of Invitees are business customers, tenants, and tradesmen doing repair work on the premises. For these persons, the ‘in control’ party owes an obligation to be aware of dangerous conditions on the premises. Being ‘aware’ means more than just ‘knowing’, it involves an active obligation to look for potential problems. Once aware of a problem or potential problem one has the duty to warn persons of the condition OR make a reasonable effort to correct the dangerous condition.
A party who is allowed to be on the premises, but without a specific invitation is a Licensee and is due a lower standard of care than an Invitee. An example of an Invitee is a door to door salesman. For a Licensee the obligation owed is to warn of a dangerous condition the ‘in control’ person has actual knowledge of and to warn of the condition OR make a reasonable effort to correct the dangerous condition. An example would be the posting of a sign, ‘Beware of Dog’.
A party who has no legal right to be on your property is classified as a ‘Trespasser’ and is owed no legal duty by the ‘in control’ party. There is an exception to this that involves young children. and a dangerous condition that is attractive to children, that the ‘in control’ party is aware of. An example would be an unfenced swimming pool, quarry swimming hole, or unfenced construction site. In such a situation the ‘in control’ party has an obligation to secure the hazard.
This is a summary of potential liability when someone is injured on a property. If you are a party ‘in control’ facing a personal injury claim, or a person injured by a hazard on the property, call the Law Office of Elliott Klein for more information.