Getting hurt on someone else’s property can raise a lot of questions. Were they supposed to fix that loose handrail? Should there have been a warning sign on the wet tile floor? Could the landlord have prevented what happened? These are the kinds of questions at the heart of premises liability—a personal injury category centered around whether a property owner is responsible for someone’s injuries on their property.
In everyday life, we walk through grocery stores, parking lots, office buildings, apartment stairwells, and countless other spaces without expecting danger. But if the person or business responsible for maintaining that space is negligent, injuries can—and do—happen. When they do, the injured person has legal rights. We explore how the law determines fault, what types of incidents commonly lead to claims, and why having a knowledgeable premises liability lawyer matters.
Understanding Premises Liability
Premises liability means that the owner or controller of a property has a legal obligation to keep the premises reasonably safe for visitors. If they fail to do so, and that failure results in someone getting hurt, they may be held liable for the injury.
This is applicable for commercial and residential properties. Think of the slick tile at a gas station that was never mopped, or the dark stairwell in an apartment complex with a burnt-out lightbulb. If the danger was known—or should have been known—and no action was taken, the owner may be on the hook for any resulting injuries.
When Is a Property Owner Legally Responsible?
Liability doesn’t come down to the fact that an injury occurred. The key is whether the owner acted reasonably under the circumstances. The law generally considers these questions:
- Was there a hazardous condition on the property?
- Did the owner or occupier know about it, or should they have discovered it through regular inspections?
- Did they fail to fix the problem or at least warn people about it?
The answer to each of these questions helps determine whether the property owner breached their duty of care. For example, a grocery store that fails to put up a "wet floor" sign after mopping could be found negligent if someone slips. On the other hand, if a spill happened just moments before the fall, and employees hadn’t had a chance to respond, liability might not apply.
Visitor Status Matters
The law also looks at who was injured and why they were on the property. Generally, visitors fall into three categories:
Invitees are people invited onto a property for business purposes, such as customers at a retail store. Property owners owe invitees the highest duty—they’re expected to regularly inspect for hazards and make timely repairs.
Licensees are social guests or those with permission to enter for non-commercial reasons. Property owners must warn licensees about known dangers but aren’t typically required to inspect for new ones.
Trespassers enter without permission. In most cases, property owners owe them little to no duty—except not to intentionally cause harm. One exception is for child trespassers if a hazardous feature like an unfenced pool could be considered an “attractive nuisance.”
What Kinds of Hazards Lead to Claims?
Not every bump or bruise on someone’s property is legally actionable. However, there are patterns in the types of incidents that lead to successful premises liability lawsuits:
Slipping and tripping hazards like spilled liquids, cracked sidewalks, or torn carpeting are among the most common causes. If these aren’t cleaned up or repaired in a timely manner, injuries can result.
Poor lighting in stairwells, garages, and hallways can contribute to falls or make hazards harder to see.
Faulty railings or stairs that give way under pressure can lead to severe injuries, especially if the defect had been reported but ignored.
Inadequate security is another basis for claims, especially in high-crime areas. If a landlord or business owner fails to take basic steps to deter crime—like installing locks or cameras—they may be liable for assaults that occur.
Dog attacks, too, fall under the premises liability umbrella when the owner fails to restrain a dangerous animal.
Proving a Property Owner Was at Fault
In any premises liability case, four things need to be proven to win compensation:
- Duty: The property owner had a legal obligation to keep their premises safe for the type of visitor you were.
- Breach: They failed to address a hazardous condition they knew or should have known about.
- Causation: That failure directly led to your injury.
- Damages: You suffered physical, emotional, or financial harm.
This might sound straightforward, but property owners and their insurance companies rarely admit fault easily. Evidence such as incident reports, video footage, maintenance logs, and witness statements can be key to proving your claim.
What Compensation Can Be Recovered?
When someone wins a premises liability case, the compensation usually covers a range of losses, including:
- Medical bills, both current and future
- Lost wages during recovery
- Reduced future earning ability
- Pain and emotional suffering
- Costs related to long-term care or physical therapy
In particularly egregious cases—where the owner’s behavior was reckless or showed complete disregard for safety—punitive damages may also be available.
Why You Should Work with a Premises Liability Attorney
Filing a premises liability claim isn’t just about proving you got hurt. You also have to demonstrate that someone else’s negligence caused your injury and that you’re entitled to a certain level of damages. That takes legal knowledge, persistence, and the ability to counter the tactics insurers use to deny or reduce payouts.
An experienced premises liability attorney can:
- Collect and preserve evidence before it disappears
- Identify whether the property had prior complaints or citations
- Evaluate building code violations that might apply
- Handle conversations with insurers so you’re not misled or pressured into settling for less
- File a lawsuit if a fair settlement offer isn’t made
They also ensure you meet your state’s statute of limitations, which limits how long you have to take legal action—usually two or three years depending on the state.
Call Brandon J. Broderick For Legal Help
If you’ve been hurt on someone else’s property and believe they failed to keep it reasonably safe, don’t wait to get answers. At Brandon J. Broderick, Attorney at Law, our legal team is experienced in handling premises liability cases involving everything from falls to negligent security.
We’ll listen to your story, review the facts, and help you understand whether you have a case. Most importantly, we’ll fight to get you the compensation you deserve—so you can focus on healing and moving forward.
Contact us today for a free consultation.