Premises Liability F.A.Q.’s

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1. What kind of law would cover a slip and fall?

A slip and fall resulting in injury or death, whether it be on the property of a business or a home owner, may be covered under personal injury law and, more specifically, premises liability law.

2. What is Premises Liability law?

Premises liability law is the body of law that determines the responsibility of a property owner for injuries suffered by others while on the owner’s property. It includes when an individual is in the home or on the property of another individual, and while an individual is at someone else’s place of business.

3. When is a owner responsible for injuries to others while they are on his or her property?

The fact that an injury occurred on the owner’s property does not necessarily mean that the owner can be held accountable for the injury. Under premises liability law, it must be proved that the owner was negligent before an owner can be held responsible. A property owner is negligent if he or she breached a duty of care owed to the injured party. For example, an owner of a business would most likely have a duty to keep the floor dry, or at least post a warning if the floor is wet, in order to prevent customers from slipping and getting injured.

4. What duty of care does a property owner have to individuals on their property?

The duty of care varies from state to state. In Ohio, a property owner owes a property entrant a different duty of care depending on the status of the entrant as a business invitee, a social guest or a trespasser. A business invitee is on the property owner’s premises at the invitation of the property owner, and generally for the mutual economic benefit of both. A social guest is on the premises at the invitation of the property owner, but not necessarily for the economic benefit of the owner. A trespasser is on the premises without permission. In those states, like Ohio, that base a property owner’s duty of care on the status of the entrant, the property owner generally owes the highest duty of care to a business invitee, and the lowest duty of care to a trespasser.
In West Virginia, a uniform standard of care is applied to both a business invitee and social guest. This uniform standard requires the exercise of reasonable care for the safety of a business invitee or social guest, but not a trespasser. An attorney can help you decide what status applies to your situation.

5. What is meant by the property owner must keep their property in a “reasonably safe” condition?

Reasonably safe means that a property owner must take steps to discover and eliminate all known dangerous conditions, or provide a warning of existing dangerous conditions. A dangerous condition is one that creates an unreasonable and unnecessary risk of harm, and that might not be obvious to those on the property. Open and obvious conditions or minimal defects are generally not considered a dangerous condition.

6. What might be considered as adequate warning of a dangerous condition?

A number of items may be appropriate depending on the situation. Such warnings as verbal or written instructions, signs, maps, roping off the area, or a blockade around the area could be considered adequate. A key factor is that owner tried to clearly identify the danger.

7. If someone is goofing around on my property and injures himself, can I be held liable for his injuries?

You might be held liable, but most likely not solely responsible. In most cases, a visitor has a duty to exercise reasonable care for his or her own safety. Where the person has not exercised that care, they may be considered to have contributed to the injury and be held liable for a comparable portion of their injuries.

8. What must be proved in order for the property owner to be held liable for injuries that occur on their property as a result of a dangerous condition?

The injured party must be able to prove that the property owner had knowledge of the condition, or should have had knowledge of the condition, in order for the property owner to be held liable.

9. What kinds of damages can an injured party collect in a premises liability case?

The injured party should expect to be fairly compensated for all injuries and losses resulting from the incident in question. Damages may include economic and non-economic, with past and future considerations. Each case has it’s own set of facts, and the types of damages and amounts are based on the specific facts of the case.

10. What are non-economic damages?

Non-economic damages are those losses which cannot be determined by a specific dollar amount. Common examples are pain and suffering, mental anguish, inconvenience, physical impairments or disability, disfigurement and loss of enjoyment of life.

11.What are economic damages?

Economic damages include almost everything that can be replaced by payment. The category is very broad and varies on a case by case basis. Economic damages include but are not limited to medical expenses, hospitalization, treatment, loss of income, and loss of earning capacity.

12. Can punitive damages be collected in premises liability claims?

Yes, punitive damages can be collected but the level of behavior required to obtain recovery must be severe. Punitive damages are meant to punish the defendant and help prevent others from engaging in similar conduct. Because these punishments can be severe, it is often very difficult to prove that victims are entitled to punitive damages. The misconduct of the defendant must be beyond ordinary negligence in order to obtain punitive damages. In most cases, it would be necessary to prove that the defendant’s acts were intentional, and showing a complete and reckless disregard of a known danger to a person’s health and safety.

13. If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?

In many states, there are statutes giving local governmental entities immunity, and individuals are prohibited from seeking recovery in many kinds of claims against cities or towns. However, if there is no such statute or ordinance in place, then the injured party may have a claim against the city if he or she can show that the city failed to maintain the sidewalk properly.

14. Can a property owner be held liable for criminal acts which occur on his/her property?

Generally, if the property owner knew or had a reason to know that an attack by a criminal was likely, then the property owner can, in certain circumstances, be held liable. For example, a significant period of criminal activity on or around a property should put a reasonable property owner on notice that certain measures were necessary to protect people on the property. Failure to take the necessary measures to protect individuals on the property could result in the owner being partially responsible for future criminal acts. Examples may include inadequate lighting or security.

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