May 10, 2022 in News Homeowner Liability

Homeowner Liability: Legal Basics: What is Premises Liability and How Can a Personal Injury Lawyer Help?

Serious personal injuries can happen almost anywhere and at any time: in a workplace, while driving, while receiving medical treatment, etc. Where your personal injury takes place affects who can be held responsible for the damages it causes. When a person is injured in a premises – a store or restaurant; a school; a private home; a hotel; an apartment; even a publicly-owned road or healthcare facility – premises liability may come into play. 

What is Premises Liability?

The idea of premises liability is that property ‘occupiers’ have a responsibility for maintaining a reasonably safe environment for prospective visitors. When an occupier’s failure to maintain this level of safety leads to an injury to a visitor to the property, the occupier may be liable for damages. 

Examples of Premises Liability

Perhaps the most common types of injury associated with premises liability cases are those caused by slip-and-falls. If a private homeowner invites a guest to their residence and then fails to ensure that the walkway to that residence is clear of snow or ice, for example, they may be responsible for damages the guest incurs. Or, if a visitor to a store or restaurant is injured after falling on a slick or wet floor, the owner of the store or restaurant could face liability. 

Slip-and-falls are far from the only liability threat, however. Premises liability can apply to a wide variety of property owners and/or occupiers in a vast range of scenarios. If a motor vehicle accident is caused by unsafe road conditions, for example, the municipality responsible for maintaining that road may be deemed liable.

How is Liability Determined?

The first step to determining liability when a person is injured on a premises is determining who is the ‘owner’ and ‘occupier’ of the property. Most often, the occupier is the property’s owner. In some cases, however, the occupier may be a tenant or resident. Liability can also be shared among multiple parties. For example, if a tenant requests that a landlord fix a hazard at an apartment building and the landlord fails to do so, the tenant may share responsibility if they do nothing to address the hazard after a reasonable period.

How Can a Personal Injury Lawyer Help?

Many personal injury lawyers, including some of the team at Neinstein Personal Injury Lawyers, have experience representing plaintiffs in premises liability cases. If you’ve been injured on a premises, contact Neinstein today to schedule a free, no-obligation consultation. A member of our team will listen to your story, assess the viability of your case, and explain your legal options.

Image: Shutterstock