may laugh at the slapstick comic who slips and falls on a banana peel, but if you own property
where an injury occurs or happen to be the one who slips and falls... it's no
liability law most commonly involves a plaintiff in court seeking monetary or
compensatory damages for any injury sustained on someone else's property.
law assumes the landlord invited the injured party and the 'invitee' was injured.
If the injury occurred because of a condition that the landlord could have prevented
by normal maintenance that just wasn't done, then the injury was preventable.
owner is responsible for someone falling on a flight of stairs with a broken banister,
poor lighting, or loose carpet in just the same way as if they had pushed
the injured person down the stairs.
There is not usually a criminal complaint involved, but the financial damage to the
property owner can be severe. The purpose of these laws are to make sure that
landlords make sure that they maintain their property in a safe condition.
Commercial owners are most prone to lawsuits simply by the fact that the sheer number of
their visitors will increase the odds that someone may sustain an injury while
on their property.
However, homeowners are also subject to paying damages if they are proven to have
been negligent, or have failed to provide a safe environment for their guests.
insurance policies cover liability in these instances, however (with extra
protection, if necessary, provided by umbrella
premises liability cases come to court for injuries involving a common slip and
fall. Yet more serious or even life threatening accidents may occur depending
on the circumstances:
or icy surfaces
pavement or roadways
handrails or stairs
elevators or escalators
of security in a high crime area
The onus of responsibility always falls to the owner or holder of the property for
a person who is injured on that property. Further, premises liability law distinguishes
the relationship between the person owning or holding the property and the injured
Depending on the U.S. state, courts are sometimes more lenient with homeowners than with
commercial properties wherein "invitees" or customers are injured due to negligence.
Perhaps not surprisingly, criminal trespassers are also covered under premises liability
law, although only in circumstances where they are not alerted to extreme danger
- such as attack dogs used for security, or an electrical fence that provides
a lethal shock.
In contrast, employees who are injured at the same property are not covered by premises
liability law, but rather protections provided under worker's