The term “premises” refers to the land and buildings contained on a property, while “premises liability” refers to the liability for certain torts (or lawsuits) that a landowner might incur if there are accidents or injuries on their property or premises.
Tenets of premises liability
To be liable for an injury, the property owner must meet these three criteria:
- The property owner must possess or own the premises
- The injured party must be invited or have a license to be on the premises (in other words, they must be on the property legally)
- There must be negligence on the part of the property owner
In addition, if one of the following three conditions are present, then it is likely an injured party can hold the property liable for an unsafe conditions that caused an accident or an injury.
- The property owner caused the hazardous or unsafe condition
- The property owner knew about the condition, but chose not to remove it or warn of the inherent danger
- The property owner should have been aware of the hazard or unsafe condition, or it should have been discovered through normal maintenance of the premises
If any of these conditions apply, then your injury was likely the result of an act of negligence on the part of the property owner then you may be able to file a collect for your injuries.