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Legal Glossary

Premises Liability

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  1. Glossary
  2. Premises Liability
Legal Doctrine

Premises Liability

Michael A. Cavaliere

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. This legal doctrine requires those who control property to exercise reasonable care in maintaining safe premises for visitors.

Property Owner Duty of Care

Property owners have a legal obligation to inspect their property for hazards, repair dangerous conditions in a timely manner, and warn visitors of any known risks. The extent of this duty varies depending on the status of the visitor and the type of property involved.

Types of Visitors

The law traditionally classifies visitors into three categories: invitees (such as customers in a store), licensees (such as social guests), and trespassers. Property owners owe the highest duty of care to invitees and the least to trespassers, though special rules may apply to child trespassers under the attractive nuisance doctrine.

Notice Requirements

To establish a premises liability claim, the injured party generally must show that the property owner knew or should have known about the dangerous condition and failed to address it. This can be demonstrated through actual notice or constructive notice, meaning the hazard existed long enough that a reasonable owner would have discovered and corrected it.

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Michael A. Cavaliere
Written by Michael A. Cavaliere Partner

In This Article

  • Property Owner Duty of Care
  • Types of Visitors
  • Notice Requirements

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