An Overview of Premises Liability Law

Premises liability law comes into operation when a person is in possession of the premises or property. A person is assumed to be in possession if they are in control of the land they occupy, if they have been in control of the land and no body else has taken over, or if they are entitled to possession of the land and there are no other claimants.

In such cases of possession, any injury caused to a person on the premises makes the owner or possessor liable to pay compensation. In turn, the owner can claim the compensation from their insurers.

The possessor’s duty to the injured party varies on whether the injured party was an invitee, a licensee, or a trespasser.

Invitee

Invitee for these purposes includes customers as well. The danger or possibility of damage or injury should be unreasonable and the possessor should have been aware or can be expected to be aware of the harm or injury. In such cases, the liability on the possessor is the greatest.

Licensee

A licensee is a non-commercial entrant to the property. Under this law a social guest is classified as a licensee. In such cases too, the possessor should warn the licensee of any unreasonable dangers. Also, the licensee should have been unaware of the risk of harm or injury on their own. 

Trespasser

If the premise owner is not aware of the trespasser being on their property then no liability can devolve on the owner. If, however, they are aware of the presence of the trespasser, then they have to warn the trespasser of potential dangers. However, there is no need for the owner to prove unlawful intent on the part of the trespasser to avoid the liability.

In short, the owner of a premise is responsible for the safety from unreasonable harm or injury not only to their guests but also to trespassers. Owners are also expected to keep common sidewalks in abutting their property clean and free from danger to the public. All these duties of the owner cannot be delegated.