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What is a Premise Liability Claim?

By Walton Law APCFebruary 22, 2023October 12th, 2023No Comments


If you go onto an individual or company’s property and become injured on that property, you may be able to hold that property holder liable for your accident. Under the theory of premise liability, if the owner of the property doesn’t maintain the premises effectively, a visitor can collect damages for their injury.

Elements of a Premise Liability Case

All property owners owe a duty to visitors to keep them safe from harm by keeping up their property. The owners or occupiers of the property must take reasonable measures to help ensure safety. However, the extent of this duty may depend on different circumstances.  

Slip and Fall Accidents

A slip and fall (also called trip and fall) is a type of claim where someone slips and falls on someone else’s premises. It can happen anywhere, whether you’re dining out at a restaurant or fast-food establishment, shopping at a retail store, or visiting someone’s home, such as a swimming pool accident. If the property owner knew about a dangerous condition that caused the injury, they might be liable for negligence, such as the following:

  • Inadequate lighting
  • Sidewalks or pathways that are uneven, damaged, or icy or wet
  • Stairs, railings, or handlebars that are defective
  • Slick or wet flooring, especially recently waxed or washed
  • Unadvertised construction dangers
  • Unstable furnishings

Negligent Roadway or Road Design Accidents

The government has the responsibility to provide safety of roadways. The entities in charge of maintaining any road must ensure that the roadways, signs, and other features are in good working condition; the engineers must build safe roads. When these responsibilities aren’t maintained, drivers and passengers can be seriously hurt. Common roadway forms of negligence include the following:

  • Inadequately plowed roads
  • Improperly timed traffic lights/traffic light malfunctions
  • Small shoulder lanes
  • Unfilled potholes
  • Vegetation/trees in the right of way that are too close to the road

Negligent Security

This happens when an owner doesn’t secure their property, and someone is hurt; for instance, they may not provide proper locks or adequate security guards.    

Defective Elevators/Escalators

Owners may be held liable for injuries if they failed to operate safety inspections, allowed the equipment to fall into disrepair by taking safety shortcuts, or failed to properly install.

Public Transportation Accidents 

Passengers can get hurt due to inadequate maintenance or equipment failure. Other ways include train derailments or the vehicle taking a sudden stop.

Dangerous or Defective Stairway/Stairwell Conditions

Staircases may have cracked, chipped, or uneven stairs, messed-up or missing handrails that can hurt individuals; falls are a very common injury.

Dog Bites or Animal Assault

A dog bite or an animal assault can be extremely traumatic for the victim and their family. According to the Centers for Disease Control, dogs bite 4.5 million Americans a year, with many of the victims, being children. Whether children or adults, anyone who suffers from a dog bite, or an animal attack can be in for a traumatic experience. When the animal hasn’t been provoked or incited, the dog owner is held liable. Even in some cases if the dog is provoked, the owner may still have some accountability.

Talk to a PI Attorney About Premise Liability

Premise liability is a broad area of personal injury law. In this area, you want someone who can help you get the best compensation for your injury. Put your trust in one of our Walton Law attorneys who will work hard to get you what you deserve. Get in contact with us today.