Premises Liability



The legal concept of “premises liability” asserts that the owner or the occupier of a property is the one legally responsible for any injuries or accidents, which may occur on the property.

The most common personal injury claims that draw on the concept of premises liability are slip and fall lawsuits, but any civil suit for personal injuries may potentially call this rule into question.

The amount of liability a property owner or occupier holds for the property, and for accidents or injuries that occur on it, varies from state to state. In some jurisdictions, state laws dictate the injured party must be on the premises lawfully in order to file and win a claim for damages. In other states, the lawful or unlawful presence of the injured individuals doesn’t play a role in whether or not damages can be awarded.

It is important to note that under premises liability rules, occupiers of property are treated the same under the law as are property owners. This means that in most instances, a renter or tenant can be held just as liable for injuries that occur on the premises occupied, as a property owner would be.

Additionally, the landlord or owner of the premises has certain responsibilities for maintaining his or her property, as does the renter or tenant of that property. In some personal injury cases, both the owner and the occupier of the premises may be partially liable for the injuries suffered by the plaintiff.