Key facts for premise liability claims | Rosenthal, Levy, Simon & Sosa

Key facts for premise liability claims

Injuries can lead to serious physical and financial issues for people who are not prepared to handle them. Thankfully, in certain cases an injury claim can help those parties find their footing.

However, in order to argue a claim successfully, parties need to understand the different aspects that contribute to the process. Particularly in regards to claims involving premise liability, there are a few key facts to know.

By definition

In short, premise liability is the responsibility of a property owner for certain actions on the property. It is important to understand that the level of responsibility of a property owner varies depending upon a few different variables. One of the main variables is the status of the party who is visiting the property. The type of property, its use, and the condition of the property also weigh into determining the extent of the owner’s responsibility. 


For a successful claim, a claimant must be able to prove a few assertions. 

  1. The property owner knew of or should have known of the dangerous condition
  2. The property owner did not give warning of or try remedy the dangerous condition
  3. The claimant received injury from the dangerous condition

The claimant should be able to support each statement. Not being able to prove one could be detrimental to the case.

Duty of care

Another crucial aspect of a premise liability claim is determining the level of responsibility, or duty of care, of the property owner. This weighs heavily upon the type of visitor the claimant was at the time of the incident. Business invitees and licensees are welcomed visitors that the property owner either allows or expects to enter the property; therefore, the property owner should execute due dilligence to make sure the areas they are permitted in are safe. While trespassers are not welcomed guests, property owners do still owe a small duty of care to ensure dangerous areas are at least noted. 

Along with understanding the process, having the proper evidence is key to a successful claim. Parties should gather as much evidence as possible, and keep copies of any submitted documentation.

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