Day: May 23, 2023

Image commercially licensed from Unsplash

When a person is hurt on someone else’s property, they may be entitled to compensation from the property owner. This is what’s known as premises liability law. Under premises liability law, a court can determine whether a person can make a claim and how much they’re entitled to.

1. What is Premises Liability Law?

Premises liability law is a law that governs personal injury claims when someone is injured on private property. Since property owners aren’t responsible for every injury that happens on their property, premises liability law dictates most court proceedings should an injured party sue.

2. Is Premises Liability Law Different in All States?

Yes, premises liability laws differ greatly between states. In states like New York, property owners must meet the reasonable care standard to make a credible defense. In states like New Jersey, the law classifies the type of visitor to the property before a defense can be made.

For this reason, it’s important to get legal advice from a local lawyer. A Chicago premises liability attorney from Zayed Law Offices can help Illinois residents navigate the complexities of the law. 

3. What is a Property Owner’s Responsibility?

Unless a property owner lives in a reasonable care standard state, the law dictates that their responsibility is based on the type of person entering the premises. There are 5 categories.

Invitee: Full Responsibility 

An invitee is a person who came onto the property for the purpose of doing business with the owner. Business owners owe the highest level of care to invitees. They’re responsible for warning or correcting any dangers they know about or should have reasonably known about.

Licensee: Partial Responsibility

A licensee is a person who is legally allowed to be on the property but doesn’t have the intent to do business with the owner, such as a person going into a store to use the bathroom. Property owners should warn or correct any dangers but aren’t obligated to inspect for all hazards.

Trespasser: Little to No Responsibility 

A trespasser is someone who enters a business without permission, such as breaking in after business hours. Property owners still have obligations to trespassers. They aren’t allowed to set traps for intruders or knowingly try to harm them to prevent them from entering the premises.

Children and employees have their own special category and may or may not also fall into the other three categories. In some cases, a victim can be partially at fault for their injuries.

4. What are the Elements of a Premises Liability Claim?

If a customer wants to recover compensation from a business owner for an injury, they have to make a premises liability claim. To make a claim, 4 key elements have to be present.

Here are 4 key elements of a premises liability claim:

• The business owner owned or occupied the property
• The business owner was negligent in taking care of the property
• The customer suffered an injury as a result of negligence
• The customer can be compensated for the business owner’s harm

The plaintiff has the burden of proving each of these claims to obtain damages. But if the business owner has a good defense, they can prevent the lawsuit from moving further.

5. What are Common Defenses for a Premises Liability Claim?

If someone was injured on a business owner’s property and the customer sues, the business owner can defend themselves in court. In fact, there are plenty of defenses for a premises liability claim that will hold up in trial. That’s why it’s important for the plaintiff to speak to a lawyer when making a claim.

There are 4 common defenses for a premises liability claim:

• No Awareness of Hazard: The defendant had no awareness of the threat.
• Contributory Negligence: The defendant was only partially at fault for the injury.
• Unforeseeable Conduct: The defendant couldn’t foresee the injury-causing incident.
• Defendant Doesn’t Control the Property: The defendant doesn’t control the property. 

Contributory negligence is the only defense where the business owner knew the hazard was present, but could potentially reduce the severity of their sentence. If contributory negligence isn’t present, then the business owner is responsible for compensating the plaintiff for their claim.

A premises liability case victim can receive compensation for medical bills, lost wages, pain and suffering, and emotional distress. These damages could add up to thousands of dollars.