Premises liability is a branch of personal injury law dealing with injuries resulting from dangerous or hazardous conditions on a piece of property. At the core of premises liability litigation is the belief (justified by law) that a property owner, be it a private homeowner or commercial corporation, is in at least some ways responsible for what goes on within the boundaries of that property. In particular, the law recognizes that property owners have an obligation to ensure that their properties - and the structures on them - are safe for others.
A Broad Legal Field
Cases filed under premises liability are sometimes collectively referred to as "slip-and-fall" cases. While it is true that a large segment of such lawsuits are concerned with slippery floors, faulty steps, or other tripping hazards, the field covers far more than just falls. As with many legal disciplines, premises liability is interconnected with a variety of other fields and situations.
Consider, for example, a case in which tenants in an old apartment building discover that the lead paint in their apartments has caused developmental and physical defects in their children. A premises liability lawsuit against the manager or landlord may be in order, if the danger was known but never dealt with.
Other injuries covered under premises liability include, but are not limited to:
- Elevator drops and malfunctions
- Mercury contamination or poisoning
- Porch collapses
- Stair collapses
- Property fires
Fault and Negligence
As with many personal injury cases, premises liability lawsuits are typically subject to the test of negligence. Negligence, in simple terms, is a test of whether or not a property owner or manager is responsible for a plaintiff's injuries. It consists of three components:
- Demonstration of Duty - proving that the property owner knew, or reasonably should have known about a danger or hazard on his property.
- Breach of Duty -proving that the property owner failed to act as a reasonable person could be expected to act in response to the danger or hazard (i.e., removing or fixing it).
- Demonstrating a Causal Link - proof that the defendant's failure to adhere to a reasonable standard of care was the direct and proximate cause of the plaintiff's injuries.