The Key Legal Aspects of Premises Liability Lawsuits

• Duty of Care. Property owners, occupiers, or those responsible for maintaining a property owe a legal duty to keep the premises reasonably safe for visitors. The extent of this duty depends on the visitor’s status:
  • Invitees: (e.g., customers in a store) are owed the highest duty; owners must regularly inspect and fix hazards.
  • Licensees: (e.g., social guests) must be warned of known dangers not obvious to the guest.
  • Trespassers: Generally owed a minimal duty, such as not willfully causing harm, though there are exceptions (e.g., children and attractive nuisances).
• Breach of Duty. A breach occurs when the property owner fails to act as a reasonably prudent person would under similar circumstances, such as not repairing known hazards or failing to warn visitors of dangers. Examples include ignoring complaints about broken stairs or not cleaning up spills.
• Causation. The plaintiff must show that the property owner’s breach of duty directly caused their injury. This means proving that, but for the unsafe condition, the injury would not have occurred. Evidence like surveillance footage, witness testimony, or expert opinions may be required to establish this link.
• Damages. The injured party must have suffered actual harm-physical, emotional, or financial-as a result of the incident. Common damages include medical expenses, lost wages, pain and suffering, and other related losses.

Additional Legal Requirements and Considerations

• Notice of Hazard. Plaintiffs must often prove the owner knew or should have known about the dangerous condition and failed to address it in a reasonable time
• Comparative Negligence. In some states, if the injured person is found partially at fault (e.g., not paying attention), their compensation may be reduced proportionally
• Visitor’s Legal Status: The level of care owed can vary significantly based on whether the injured party was an invitee, licensee, or trespasser.
• Evidence: Medical records, photos of the hazard, maintenance logs, and witness statements are crucial for substantiating claims.