Legal Definitions - premises liability

Premises liability refers to the legal responsibility that property owners or those in control of a property have for injuries that occur on their land or in their buildings.

This area of law holds property owners or occupiers accountable when someone is harmed due to a dangerous condition or activity on the property, and the owner or controller failed to take reasonable steps to prevent the injury. The specific duties owed can vary depending on the injured person's reason for being on the property (e.g., a customer, a social guest, or a trespasser).

• Example 1: A shopper at a department store slips and falls on a spilled drink that store employees had not cleaned up or marked with a "wet floor" sign for over an hour. The shopper sustains a broken wrist.

  Explanation: The department store, as the property owner/occupier, has a duty to maintain a safe environment for its customers. Their failure to promptly address the spill or warn shoppers about the hazard could make them legally responsible for the shopper's injuries under premises liability.

• Example 2: A tenant in an apartment building reports a loose railing on a common stairway to the landlord multiple times. The landlord fails to repair it, and a visitor to the building later leans on the railing, which gives way, causing them to fall and suffer an injury.

  Explanation: The landlord, controlling the common areas of the apartment building, had knowledge of a dangerous condition (the loose railing) and a duty to repair it. Their inaction, leading to the visitor's injury, could establish premises liability.

• Example 3: A child attending a birthday party at a public park playground is injured when a rusty, broken swing chain snaps. The city responsible for maintaining the park had received several complaints about the deteriorating equipment but had not performed necessary repairs.

  Explanation: The city, as the entity responsible for the park and its equipment, had a duty to ensure the playground was reasonably safe for public use. Their awareness of the faulty swing and failure to repair it before the child's injury could lead to a premises liability claim against the city.