Public Areas & Premises Liability

Premises liability law holds that an owner or possessor of property is responsible for injury occurring on the property due to a failure to maintain the premise and keep it safe. This area of law applies to public areas owned by the government, a governmental agency , private individual or company. 

Public Area Safety

Offering a space for public use does not reduce or eliminate the owner or possessor’s duty to keep the area safe and well-maintained. In fact, the responsibility for this is higher than it is for privately owned property. Public spaces must be maintained in good working and safe order for use by any member of the public. An owner, therefore, must consider the population as a whole, including the age, mental capacity and behavior of the public that may use the property.

The most important aspect of this requirement is that an owner or tenant must keep the public property safe even if he is not offering it for public use but it is used regularly by the public. For example, an owner of property that abuts a lake and which is used by the community to picnic on and for access to the lake would have to keep that area safe.

Liability for Public Spaces

Liability for injury that befalls a user of public space can most likely fall to the property owner or tenant. The federal government, under the Federal Tort Claims Act, is not immune from personal injury or property damage lawsuits occurring on its property. Most states have laws that are modeled after this federal law that do not provide immunity.

Shared Liability for Public Spaces

While the law states that an owner or tenant of a public space must make the property safe for all individuals, it does not prevent the injured party or another third party from liability for any injury. Therefore, a reckless individual may be found to share in responsibility for his injuries.

Obtaining Legal Assistance

If you or a loved one has been injured on public property, you may have a claim against the owner or tenant. Speak with an attorney about your rights to obtain compensation and which parties to sue.