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What Is Premises Liability?: Everything You Need to Know

What Is Premises Liability?: Everything You Need to Know

By Trapp & Geller

Have you been injured due to someone else’s failure to maintain your property?

We know that you want to be certain that the law is on your side.

After all, why should you have to pay your medical bills and miss out on work because of someone else’s negligence?

However, premises liability law and the cases surrounding it are only getting more and more complicated in today’s world.

Whether you’re a business looking to prove that you are not responsible for accidents, or if you’re an individual who wants to show negligence on behalf of a private property owner, you need to read this post.

In it, we’ll tell you everything that you need to know about understanding premises liability. Then, we’ll let you know where you can find the legal help you can rely on.

Understanding the Premises Liability Definition

Before we speak about what to expect out of a premises liability case, let’s first make sure that you have a foundational understanding of premises liability laws.

A premise is defined as a piece of land or a building that belongs to some sort of business or is private property that is owned by an individual.

The owner of that land or building, whether an organization or an individual person, is legally responsible for any injuries that occur on the property. Most premises liability accidents happen because the owner of the property was not taking proper care of it.

If you want to emerge the victor in court and get the kind of settlement you deserve, you will need to be able to prove that the property owner was negligent.

Negligence is defined as a failure to take reasonable care of a building or a piece of land.

Remember that an accident doesn’t always indicate negligence on the part of the property owner. Additionally, just because the property wasn’t safe and caused you an injury, that’s not an automatic indication of negligence.

In order to get the results you want in court, in most cases, you’ll have to show that the property owner willfully ignored maintenance issues.

You’ll show that they did so even though they knew of the dangers of doing it.

Common Premises Liability Law Cases

Now that you have a working definition of premises liability law, let’s go over a few of the most common case examples.

Accidents at amusement parks, fires caused by debris left on a property, slip and fall accidents, and accidents due to snow or ice are all common causes.

The same goes for accidents that occur because of faulty elevators or swimming pools. It can also cover poor security in a building that led to an attack and even the leaking of water or toxic chemicals.

The takeaway?

As you can see from the above circumstances, premises liability cases can fall under a large umbrella.

Sometimes, it can be tough to know whether or not you truly do have a premises liability case on your hands.

You don’t want to miss out on compensation for medical bills and pain and suffering, just because you can’t determine whether or not your accident qualifies as a premises liability case.

Understanding the Responsibilities of a Property Owner

Whether you’re an individual owner of private property, or if you’re responsible for securing the safety of a commercial building?

In order to avoid lawsuits, you need to know the definition of proper “duty of care.”

This can include but is certainly not limited to, taking care to quickly clean up any spills, hiring a security guard, and installing security equipment for your building.

It can also mean de-icing a parking lot after a snow storm.

There are lots of different locations where these kinds of accidents happen.

Some of the most common locations can include bars, restaurants, college dorms, warehouses, shopping centers, staircases, and even apartment buildings.

No matter which side of the case you’re on, there are a few questions you can always inspect to encounter.

First of all, you’ll need to ask if the owner had adequately warned visitors to a property about any potential dangers.

Then, you’ll have to determine whether or not the owner actually made any sort of an effort to fix the problem or to better secure the area.

You’ll also need to determine whether or not the injury was predictable in any way.

Last but not least, you’ll need to look at the way in which the injured party got onto the property. Were they invited, or were they trespassing? If the latter is true, it could seriously throw a wrench into the outcome of your case.

Need a Premises Liability Lawyer?

We hope that this post has helped you to better understand the premises liability law definition.

Whether you’ve been injured yourself, or if someone is making a legal claim against you or your property due to what they consider negligence on your behalf?

It’s important to consider having legal representation on your side.

Having a lawyer fight for you will help you to understand the specific premises liability laws in your state. Legal experts will also ensure that you get the maximum settlement option possible — or that your business avoids having to pay a hefty settlement for an injury there’s no way you could have prevented.

Ready to work with the top legal professionals in the Chicago area?

If so, then reach out to us today to set up an appointment. We look forward to being able to work with you to improve your chances of winning your case.


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