Premise Liability

Definition - What does Premise Liability mean?

Premise liability, in the context of United States tort law, refers to the liability of a property owner for certain kind of torts that occur on their premises. In a premise liability claim, an individual can recover compensation for injuries caused to them due to certain accidents from the possessor or owner of the premises in which the accident took place.

Justipedia explains Premise Liability

A premises liability claim is a negligence claim. An individual who suffered injury on someone else’s premises alleges that the premises owner was negligent in maintaining their property. Premises liability claim can arise due to a variety of reasons. Some of the common reasons include wet floors, standing water, icy sidewalks, and inadequate lighting.

In a premises liability claim, the party filing the lawsuit must establish three things:

  1. the defendant owned or was in possession of the premises;
  2. the plaintiff was an invitee or a licensee (trespassers are generally not entitled to any damages); and
  3. the defendant had a duty of care towards the plaintiff which was breached or some wrongful act was done on the defendant’s premises by a third party which was foreseeable to the defendant.
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