Understanding the Basics of Premises Liability

Understanding the Basics of Premises Liability

Premises liability cases usually deal with injuries sustained on a person’s property. Premises liability law states that a property owner has a duty to ensure that their property is safe from obvious hazards that can potentially injure a person who enters. If you are injured because of the hazardous conditions of another person’s property, you can take legal action to seek financial compensation. In this blog, we explain some of the basic concepts of premises liability.

Common Types of Premises Liability Cases

Although there are various kinds of premise liability cases, the following are fairly common:

  • Slip, Trip, & Fall
  • Inadequate Security
  • Inadequate Supervision
  • Inadequate Maintenance
  • Swimming Pool Accidents
  • Dog Bites
  • Exposure to Toxins
  • Fires

Status of the Visiting Party

An important aspect of premises liability is determining the legal status of the visiting party. The legitimacy of a premises liability case hinges on the legal status of the visitor. A visitor’s status is divided into 3 categories:

  • Invitees: These are people who are on the property with the permission of the owner. For private properties, an invitee can include guests and residents. Customers and employees are considered invitees when they are on public property.
  • Licensees: These individuals have implied permission to be on the owner’s property. This can include delivery personnel and neighbors.
  • Trespassers: These are people who do not have the authorization to be on the owner’s property.

Determining Fault

After you file a claim against the property owner, both yours and the other party’s insurance companies will set out to determine who is at fault. Owners are usually considered to be at fault if they did not exercise a reasonable duty of care for their property. The injured party can be found at fault if they did not exercise reasonable caution or care while they were on the property. After the fault has been determined, financial compensation can begin to be awarded.

Want to learn more about premises liability law? Call (859) 253-0088, or contact our Lexington premises liability attorneys to find out what we can do for you today.


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