(434) 821-5022
Premises Liability
Premises liability law deals with the area of law which makes the owner of the land and premises responsible for injuries which are suffered by persons who are present on the property. The law in these types of cases varies depending upon whether the plaintiff was an invitee, licensee, or a trespasser onto the premises.
An invitee is a person who is invited to enter the premises for the benefit of the possessor of the premises, or concerning business dealings with the premises owner. For example, a customer who visits a grocery store is an invitee because the grocery store actively invites the public to visit their place of business. In this example, a grocery store owes the highest duty of care to an invitee. In general, the premises owner or possessor of land, as in the above example of the grocery store, has a duty to use ordinary care to warn its customers from risks of harm from a condition on the premises if the risk of the harm is unreasonable and if the possessor of the premises knows, or in the exercise of ordinary care, should know of a condition, and should realize that it involves an unreasonable risk of harm to invitee. For example, a grocery store may be required to inspect its floors for the presence of spilled substances so that individuals will not slip and injure themselves.
A licensee is a person who is invited onto the premises for any purpose other than a business or commercial one. A social guest is considered to be a licensee, not an invitee. In general, in order to maintain a claim against a licensee, the plaintiff must establish the following:
1. The possessor of the premises knew or should have known of the dangerous condition, should have realized that it involved an unreasonable risk of harm, and should have expected that the licensee would discover the danger;
2. The possessor of the premises failed to exercise reasonable care to make the condition safe or to warn the licensee of the condition and the risk involved;
3. The licensee did not know or have reason to know of the condition and the risk involved.
For example, if a homeowner knows that one of the railings on their deck is broken, but the railing does not appear to be broken to a reasonably observant person, the homeowner may be liable to a guest who is injured when the railing gives way.
A Trespasser is an individual who, without an invitation, goes upon the premises of another for his or her own purpose. If a premises owner is not aware of the presence of trespassers then the owner, or the possessor of the premises generally has no duty to warn of any dangerous conditions. However, if the premises owner is aware of the presence of trespassers, the owner may be required to exercise ordinary care for the safety of the trespasser.
In summary, premises liability cases arise when a property owner violates his or her particular duty of care to a guest on his or her property by allowing an unsafe condition to exist which then causes harm to the guest. The duty of care owed to the guest depends upon the relationship between the property owner and the guest, whether it be business, social or otherwise. The facts of the case can subtantially affect the outcome thus it is important that anyone seriously injured on someone else’ s property obtain competent legal advice when deciding whether to pursue a claim for damages such as medical expenses and lost wages.
Our firm has handled a variety of premises cases including:
– a case against a business for failing to have their steps properly constructed
– a case against a business as a result of a large item falling off their shelves onto our client causing significant injury The business failed to properly secure the items on their shelves.
–a case against a commercial establishment as a result of water leaking from their roof onto the floor where customers were walking, causing our client to fall and sustain serious injury
– a case against a commercial establishment as a result of a ceiling falling onto a customer.
–a case against a commercial business for failing to remove ice and snow from the parking lot in a timely manner. Our client fell and sustained serious injuries while attempting to enter the business.
If you have been injured as the result of a fall, slip, or unsafe condition on another’s property
Please call our office at (434) 821-5022 for a FREE CONSULTATION