Personal Injury · Haute Lawyer Network
What Is Premises Liability?
Last reviewed: June 2026
Premises liability holds property owners legally responsible for accidents and injuries caused by unsafe conditions on their property.
Common cases include slip and fall accidents, injuries from inadequate lighting, swimming pool accidents, injuries from falling merchandise, dog bites, and inadequate security.
The duty owed depends on visitor status — invitees (customers, public) receive the highest duty requiring inspection and repair; licensees (social guests) receive a duty to warn of known hazards; trespassers receive only a duty to refrain from willful or wanton conduct.
To win you must prove the owner owed a duty, knew or should have known about the danger, failed to repair or warn, and that failure caused your injury.
Frequently Asked Questions
How long does a slip and fall case take?
Cases settling can resolve in months. Trial cases typically take 1-3 years.
What if I was partially at fault?
Comparative negligence applies — your recovery is reduced by your percentage of fault.
Do I need to report my injury to the property owner?
Yes — report immediately and insist on an incident report.
What evidence should I gather?
Photograph the hazard immediately, get witness information, preserve clothing and shoes, get medical treatment promptly.
What is the open and obvious defense?
The argument that a reasonable person should have seen and avoided the hazard. Courts evaluate whether the danger was truly obvious and whether the owner should have anticipated that even an aware person might be distracted.
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