Premises Liability

Property owners have a legal responsibility to make sure their property — including buildings, parking lots, driveways, stairs and sidewalks — are reasonably safe for others.

Property owners can be held liable if someone is assaulted or otherwise hurt due to negligent security measures or negligent building maintenance.

The following are a handful of establishments that qualify as premises:

  • Restaurants
  • Hardware stores
  • Supermarkets
  • Office buildings
  • Department stores
  • Other people’s homes
  • Malls and sidewalks in front of malls
  • Parking lots
  • Streets and driving areas upon the property

Premises Liability Cases

A premises liability case will usually contain the following elements:

  • The party responsible for the property that contained the condition (This is sometimes the owner, sometimes the renter or lessee, and sometimes both.)
  • If the condition was known by the party responsible for the property and if the party did not take adequate steps to correct the condition.
  • If the condition was present and apparent for a period of time in which the party responsible for the property should reasonably have been aware of the condition and corrected the problem.