Premises Liability Cases: Owner vs. Occupier Liability

Premises liability does not automatically extend to a tenant. While in some situations both a tenant and a landowner might be responsible for injury befalling a guest on the property, there is always the chance that only one will be found liable.

General Owner and Occupier Liability

In general, an owner or occupier of land is responsible for the maintenance and upkeep of the premises. This is important when it comes to premises liability law because it makes either party responsible for any injury befalling a guest to the property that was preventable or due to negligence. Therefore, in a court of law, a judge or jury may find that both parties equally share the blame and responsibility for compensation to the injury party.

Exception to the Law

The exception to the general rule is where either party had exclusive control over the location on the property where the injury occurred. This could mean that one party has no liability for the injury, because the party with control is responsible for maintaining that area of the property.

Explanation of Exception to the Law: Owner Liability

An owner can be found responsible for an injury that occurs on a portion of the property over which he retains control despite having a tenant on the property at the same time or even in the same area. For example, a landlord of a commercial property that retains a warehouse for his private use will be responsible for the injury occurring in that warehouse regardless of the fact that other tenants are leasing adjacent areas.

Furthermore, a landlord may be responsible for injury where he knew or should have know of the tenant’s neglect or negligence and failed to take remedial action.

Explanation of Exception to the Law: Tenant Liability

A tenant will be jointly or individually liable for injury occurring on the premises of the rented space. Additionally, a tenant may be responsible for injury resulting from his failure to warn the landlord about a known hazard so that it may be fixed.

Getting Legal Help

If you own property that is rented or if you rent property and a guest has been injured on that property, speak to a lawyer about your potential liability. A lawyer will be able to discuss your and the landlord or tenant’s responsibility for the injury.

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