Premises Liability Frequently Asked Question

What is premises liability?

Premises liability law puts responsibility on a property owner for some injuries suffered by other people on his property. A premise liability lawyer often becomes involved if an injury occurs while an individual is in the owner's home, on the owner's property, or while at another person's place of business.

Under premises liability, how can a property owner be responsible for injuries occurring to individuals while they are on his/her premises?

As a general rule, a property owner is responsible for injuries on his/her property if he/she has been negligent. The property owner is negligent if he/she has breached a duty of care owed by him/her to the injured person. With premises liability, an owner of a pizza restaurant has a duty to keep the floor dry and free of slippery debris (or at least post a warning to people regarding a certain floor condition) so that customers can avoid injury. As another example, an automobile service station has an obligation and duty to ensure that customers can safely enter and exit the service station.

Premises liability affects people in different ways. An owner of property may have a different duty of care depending on why a person on his property. For example, a business owner is more responsible to a customer on their property than a homeowner is to a trespasser. A premises liability lawyer would say that a property owner's duty of care therefore depends on the status of the person entering onto the property. The owner generally owes the highest duty of care to a business invitee (a customer) and the lowest duty of care to a trespasser.

What does a premise liability lawyer do to determine if a premises liability lawsuit should be filed?

As with other kinds of lawsuits, a premise liability lawyer starts with an initial interview to determine the nature of the case and whether or not it falls within the realm of premise liability. A premise liability lawyer would need to establish whether or not it could be proven that the property owner was negligent (i.e., that the owner breached a legal duty owed to the injured person); the property owner's acts of negligence caused injuries and damages- referred to as causation); and if there are substantial damages which justify pursuing the case.

In premises liability, how is causation defined?

A premise liability lawyer would define causation as the connection between the negligent act or acts of the property owner and the injuries and damages incurred. For example, the property owner may claim that your injuries and damages were not in any way caused by the property owner's negligence, thus exempting him from any premises liability.

What damages would a premise liability lawyer be able to obtain in a premises liability case?

In premises liability, the injured person is entitled to be reasonably compensated for all the injuries and losses incurred as a result of the incident in question. As with other types of claims, premise liability lawyers will look to divide damages into two categories: non-economic and economic damages.

What are non-economic damages in premises liability?

Non-economic damages are losses which cannot be quantified in a specific dollar amount. A premise liability lawyer would commonly focus on pain and suffering, mental anguish, inconvenience, physical impairments or disability, disfigurement and loss of enjoyment of life.

What are economic damages in terms of premises liability?

Economic damages in premises liability include almost everything that can be replaced by payment. The category is very broad and varies on a case-by-case basis. A premises liability lawyer will generally focus on economic damages that include but are not limited to the reasonable expenses of: medical care; hospitalization; treatment; loss of income; loss of earning capacity; the reasonable value of services provided by family members; the cost of hiring others to perform normal household duties; and the loss of the injured person's services to his/her spouse.

In a premises liability case, are there punitive damages?

Punitive damages are permitted in premises liability because they punish the defendant and help prevent others from engaging in similar conduct. Generally, a premise liability lawyer must prove misconduct beyond just ordinary negligence in order to obtain punitive damages. It must be proven that the defendant acted in a wanton or intentional way, showing a complete and reckless disregard of a known danger to a person's health and safety. The level of behavior required to obtain punitive damages is very often difficult for premise liability lawyers to prove because of the severity of the penalty.

To prove a premises liability case, is an expert witness required?

A premise liability lawyer may hire an expert with special knowledge in the hopes that the witness can educate the jury about matters not commonly understood by the general public. For example, a premise liability lawyer may ask an expert to explain to a jury why a parking lot is designed in a manner that can cause injury. Or an expert may be needed to explain how a building fails to comply with relevant building codes and local ordinances. In addition to these experts, premises liability may involve medical experts and economists who are capable of explaining complex information to the jury.

In premises liability, is it possible for a property owner to be held liable for criminal acts which occur on his/her property?

Generally, if the property owner knew or had a reason to know that an attack by a criminal was likely, the owner can, in certain circumstances, be liable for criminal acts committed against a person on his/her property. For example, a significant period of criminal activity on or around a property that would put a reasonable property owner on notice that certain measures were necessary to protect people on the property. A premises liability lawyer would use that information to prove an owner's liability for subsequent criminal acts. If a property owner knows that someone has placed an illegal animal trap on his property and the owner fails to do anything about the trap, according to premises liability, he/she might be liable for injuries inflicted on someone else as a result of the trap.

How do I know a premise liability lawyer will do a good job on my case?

A premise liability lawyer has an ongoing commitment to obtain the very best result possible in every premises liability case they take. While no result can be guaranteed do the varying nature of premises liability case, a premise liability lawyer with a team of experienced trial attorneys and strength and depth of experience within the supporting paralegal and legal assistant staff can provide unparalleled service.