Non-Delegability of Duties in a Premises Liability Case

Premises liability is the area of law holding a property owner or tenant responsible for the safety and security of the property. Such responsibility becomes an issue when a guest, whether uninvited or invited, or a trespasser comes onto the owner or tenant’s land and is injured. “Land” includes all buildings and natural growth on a piece of property. Commercial building owners and tenants are subject to the same rules.

Non-Delegable Duties

There are certain duties that are considered unable to be transferred to another individual, regardless of what steps are claimed to have been made that removes the owner or tenant from liability. These duties are called “non-delegable duties.” Examples of such duties include maintenance and security. Even though a possessor of a property has hired a landscaper to maintain the grounds in a safe manner, failure to do so does not make the landscaper responsible. The possessor is still responsible for any injury unclean or dangerous trees, bushes and surface may cause. This same rule applies for repairing the building, grounds or appliances.

Liability of Occupier

Non-delegable duties, therefore, do not affect an occupant’s legal liability. If an occupant is on the premises legally, he or she has the duty to keep the premises reasonably safe for individuals that are invited onto it or those individuals that can be reasonably expected to be on the property at some point. Therefore, a party injured may still sue the occupant for damages.

Liability of Other Parties

However, even though an occupier may not eliminate his or her responsibility to maintain the property, if sued he or she may seek reimbursement from the individual hired to do a job to keep the premises in good, safe working order. In the case of an individual being injured after falling over a broken tree limb or into a hole on the ground, therefore, the occupant can sue the landscaper for the amount of funds paid to the injured party.

Getting Legal Help

Because an occupier may not delegate responsibility for the safety and security of his or her property, it is the occupier that is responsible for the majority of injuries that happen on his property. If someone has been injured on your property, or if you have been injured on another person’s property, seek legal assistance prior to requesting funds through a demand letter or filing a court case.