Premises liability is a legal term used to describe a scenario where someone’s injury or accident was caused by unsafe conditions on the property of another person. This is used to describe liability on the premise owner in a personal injury case. Personal injury cases determine liability based off of negligence and what a reasonable person would/could do in a particular situation. What reasonable care could a person expect from a property owner when visiting that person’s property? A porch that is well-maintained? Flooring that will not sink or break when walked upon? These are the types of things someone could reasonably expect.
Personal injury cases determine negligence. Premises liability cases determine if an owner is negligent and if that negligence is the cause of the injury. Did the property owner fail in their duties provide a safe space for humans; did they fail in their ability to provide reasonable care and upkeep?
In a personal injury lawsuit where premises liability is in question, the injured party’s attorney must prove that the accident was unreasonable. They must prove that negligence was the cause of the injury and not just an accident. Furthermore, the property owner must know that the property was unsafe and did not the appropriate steps to make it habitable or safe for visitors. There is a lot that goes into determining these cases, and it is not a given that if you were injured that the other party is at fault. You must prove that the property owner did not meet reasonable expectations and did not meet them knowingly.
