What Is Premises Liability?

by Jeffrey J. Kroll

Homeowners and business owners have a legal duty to keep their property in a reasonably safe condition for visitors. That duty depends on whether the person on the property is a guest, a customer, or a trespasser.

In general, a property owner, whether it be a business or a residence, will be found negligent if these three things occur:

1. At some point, a dangerous condition existed. For example, it could be a loose carpet, a wet floor, or uneven pavement on a sidewalk or driveway.
2. The homeowner or property owner should know or should have known about this defect on the property.
3. The owner failed to take any reasonable precautions or steps to fix it or warn others of the hazardous condition.

Common Hazards That Cause Injuries

These “slip and fall” or “trip and fall” cases usually come down to a couple of different fact scenarios. There are several, of course, but these are the main issues that will attach liability to a property owner:

1. Inadequate lighting
2. Stairs without handrails
3. Poor lighting
4. Wet stairs or possible icy walkways

Homeowner vs. Business Owner Liability

Homeowner liability is different than commercial or business owner liability. For a homeowner to be responsible, it typically applies to the invited guests, i.e., invitees and/or licensees, i.e., people are there for their own purposes or with permission. There is a third group that a homeowner could be found liable, but is typically not responsible, and that is a trespasser. Exceptions do exist, especially where an attractive nuisance may apply to children.

You see a lot of slip and fall cases on homeowners’ property due to the negligence of the homeowner. It could be something as simple as not shoveling or salting steps or a driveway. If a guest trips and falls on a broken stair that the homeowner never warned them about, but was aware of, the homeowner can be at fault.

How to Prevent Accidents on Your Property

For a homeowner, remove ice and snow promptly. Always keep walkways and stairs in good condition. If a hazardous condition does exist on your property, always warn the guests of this known issue if you are unable to eliminate the dangerous condition in a timely fashion.

For a business owner, liability will often be attached if someone is injured. Business owners must regularly inspect the property and fix or warn the public of the known hazards. For example, it is quite common for a grocery store to be liable if a customer slips on a spill that employees failed to clean up or failed to mark with a warning sign.

Businesses must train staff to report and/or repair all hazards. When in doubt, use signs to warn of temporary dangers, i.e., wet floors, uneven pavement. Finally, business owners should always maintain outdoor areas as well. Decrepit parking lots with holes in the parking lot are an invitation for a lawsuit.

Enlist the Help of an Experienced Premises Liability Attorney If You Were Injured on Someone Else’s Property

The attorneys at Kaveny and Kroll have extensive experience handling premises liability cases. Jeff Kroll was involved in the largest compensatory verdict in Illinois history, with a $148 million property injury that occurred at O’Hare airport. There, for example, the City of Chicago failed to inspect and/or repair the shelters, which eventually tipped over and caused paralysis of a young dancer. If you have been involved with a premises liability issue, please contact the premises liability attorneys at Kaveny and Kroll for a free consultation.