Premises Liability

Thousands of times a year, people are injured while on someone else’s property or in someone’s place of business. Common injuries stem from slip and fall accidents, falling down stairs, slipping on a patch of ice, by a defect on the property that should have been repaired and wasn’t, or through the criminal act of a third party performed intentionally. Premises liability is an area of the law that deals with the duty that a homeowner, business owner, or property owner has to protect others who may be injured on their property due to dangers that should have been tended to, but instead resulted in injury. The law states that property owners have a legal duty to ensure that their premises are kept safe for people who enter onto the property. If you or someone you know has been injured while on someone else’s property, you may have the right to seek legal recourse.

Premises liability cases generally adhere to the theory of negligence. This means because the property owner failed to conform to a standard of conduct of keeping their property reasonably safe for people who enter onto it, they are considered negligent. In order to prove negligence was a factor, the injured party must prove:

  • Duty of the defendant (property owner) to conform to a specific standard of conduct
  • Failure (breach) of the defendant to conform to the standard of conduct
  • That the breach was the actual and proximate cause of injury
  • That an injury in fact occurred (the plaintiff was actually injured)

These four points must be proven in order for a property owner to be found negligent. Although this may seem simple, cases are not always as clear cut as they might first appear. For this reason, it is important to seek legal advice if you have been injured while on a property belonging to someone else.

The Law Offices of Robert A. Brenner have extensive experience in winning premises liability cases, and they have won millions of dollars in settlements for clients throughout the United States. If you or someone you care about has been injured while on someone else’s property or in someone’s place of business, contact us to learn more about your legal rights and options.



October 13, 2015