Case Type

What is Premises Liability?

Liability of property owners and occupiers for injuries that occur on their premises due to dangerous conditions.

Definition

Premises liability holds landowners responsible for foreseeable harm to people on their property. The duty owed depends on the visitor's status (invitee, licensee, trespasser) and whether the condition was known or should have been known. Slip and fall, inadequate security, and dangerous-condition cases all fall under this umbrella.

How it applies in personal injury cases

Notice — actual or constructive — is usually the determinative issue. Did the property owner know about the dangerous condition? Should they have known? Surveillance footage, prior incident reports, and inspection logs are the evidence that wins or loses these cases.

Related terms

Constructive Notice

When a dangerous condition existed long enough that the defendant should have discovered it through reasonable inspection.

Actual Notice

When a defendant has direct knowledge of a dangerous condition before the plaintiff's injury.

Open and Obvious Doctrine

A defense that bars or reduces premises liability when the dangerous condition was so obvious that the plaintiff should have noticed and avoided it.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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