You might be asking yourself, “Do property owners really owe visitors a duty of care?”
The answer is yes. And knowing exactly what that means could be the difference between winning or losing a personal injury claim. Premises liability is one of those areas of law that impacts everyone… pretty much everyone.
Whether you’re walking into a grocery store, a friend’s house, or a business office, understanding what property owners are responsible for is important.
Because property owners have legal duties they must perform to keep people safe on their property. And when they don’t, injuries can occur. Injuries that someone must be held accountable for.
5 Duties of Property Owners to Visitors & Why It Matters
- What Is Premises Liability Law?
- Explaining Property Owner Responsibilities
- 4 Common Types of Premises Liability Cases
- How Visitor Status Affects Your Claim
- 4 Things You Must Prove in Premises Liability Cases
What Is Premises Liability Law?
Premises liability is the legal concept that holds property owners and residents liable for accidents and injuries that occur on their property.
This area of law covers everything from slips and falls to poor security. If a property owner knows about a dangerous condition on their property (or should have known) and fails to repair it or warn visitors…
They can be held legally responsible for the consequences.
But here’s why it matters…
The statistics are staggering. According to CDC data, over 14 million adults 65 and older report falling each year in the United States. While the elderly have the highest rates, falls among children and young adults also account for hundreds of thousands of emergency room visits each year.
Many of these falls occur in someone else’s home or property due to hazards that could have been easily prevented. Wet floors, icy walkways, uneven surfaces, and cluttered walkways are just some of the examples of preventable fall accidents.
If you or someone you love has been injured on a property because of negligence, your Hot Springs premises liability lawyer can help you identify if the property owner failed their duty of care. So let’s talk about that.
Property Owner Responsibilities Explained
Property owners don’t get to sit back and hope for the best. There are certain active duties they must perform to ensure visitors to their property are safe.
Let’s cover the main responsibilities:
- Regular inspections of the property for potential hazards
- Prompt repairs of dangerous conditions that are identified
- Adequate warnings when hazards are present (via signs, barriers, etc.)
- Proper maintenance of walkways, stairs, and common areas
- Reasonable security (lighting, surveillance, personnel) when necessary
But before we move on…
The level of care owed by a property owner depends entirely on who’s visiting the property. The law does not treat all visitors equally.
See, visitors are actually categorized by the law. And different responsibilities apply based on that visitor status. We’ll get into that next.
How Visitor Status Affects Your Claim
The law recognizes three main types of visitors. Each category determines the level of care owed by a property owner.
The three visitor classifications are:
Invitees
Invitees are individuals who enter the property for the benefit of the owner or occupier’s business purposes. This category includes customers at a store, clients in an office, and attendees at a public event. Property owners owe invitees the highest duty of care.
Licensees
Licensees are social guests or people who have permission to be on the property but are not there for business purposes. Property owners must warn licensees of known dangers but are not obligated to search for or uncover hidden hazards.
Trespassers
In general, trespassers are owed the least duty of care by a property owner. However, there are exceptions. Children are given special protection by the law if an attractive nuisance (such as a swimming pool) is present.
Children, for purposes of the law, are considered anyone under the age of 14.
Can You Tell Which Category Applies Yet?
Properly categorizing who someone is when they visit your property can make or break a premises liability case.
Common Types of Premises Liability Cases
Premises liability is a broad area of the law and encompasses a variety of situations. Let’s look at the most common types.
Slip and fall accidents are the most common type of premises liability claim. Wet floors, icy walkways, uneven surfaces, and poor lighting are just some of the hazards that can lead to a slip and fall. In fact, falls accounted for over 8 million ER visits in 2023.
Other typical premises liability cases include:
- Insufficient building security leading to assault or robbery
- Dog bites and animal attacks
- Swimming pool accidents
- Elevator and escalator malfunctions
- Falling merchandise in stores
- Defective staircases and handrails
The unifying factor in all of these examples is property owner negligence. Property owners failed to maintain the property in a reasonably safe condition or failed to warn visitors about known dangers.
Proving Negligence in Premises Liability
Premises liability cases aren’t automatic victories for the injured party. There are certain elements of a case an injured party must be able to prove to win a premises liability case.
First, the injured party must show the property owner owed them a duty of care. Duty of care is based on the injured party’s status as a visitor and the type of property involved.
Second, the injured party must show the property owner breached their duty. This means showing the owner knew about the dangerous condition (or reasonably should have) and failed to take reasonable measures to mitigate the danger.
Third, the injured party must demonstrate causation. This is the step that shows the breach of duty directly caused the injury to occur.
Fourth, damages must be proven to have occurred as a result of the injury. Typical damages include medical bills, lost wages, and pain and suffering.
A detail many people don’t realize…
A property owner can sometimes use the comparative negligence defense. In other words, if the injured party was partially to blame for their own injury, their recovery can be reduced. Texting and walking (looking at your phone while walking), not heeding warnings, etc., are all examples of comparative negligence.
What Property Owners Should Do
Smart property owners take certain steps to protect themselves and their visitors.
Regular property inspections should be performed and documented in writing. If a hazard is found, it should be immediately repaired or clearly marked with warnings. Employee training is also key, so that those working on the property can prevent accidents from occurring.
Insurance is also important. Premises liability insurance is a type of insurance that property owners can purchase that will protect their property from potentially ruinous lawsuits when accidents do occur.
When To Seek Legal Help
Not every fall or injury on someone’s property is grounds for a valid premises liability case. But when someone has been seriously injured as the result of someone else’s negligence…
Legal action may be necessary.
If the injuries are severe, you have medical bills, there is clear evidence of a hazardous condition that should have been fixed, and there is proof the property owner knew about the danger, a premises liability claim may be worth pursuing.
Premises Liability 101: 5 Duties of Property Owners to Visitors – Final Thoughts
Premises liability is the legal principle that says that property owners and residents can be held accountable for unsafe conditions that lead to injuries and accidents.
Whether someone owns a retail store, apartment complex, or their own private home…
They have legal responsibilities to visitors to prevent foreseeable harm.
The duties we discussed include regular inspections, prompt repairs, adequate warnings, and proper maintenance. When property owners don’t follow these rules and someone gets injured, they can be held financially responsible.
But visitor status matters. The law views invitees, licensees, and trespassers differently. This changes the property owner’s responsibilities and how to go about proving a premises liability case.
So if you’ve been injured due to unsafe property conditions, we hope you now have a better understanding of your legal options. Property owners who take their responsibility seriously protect everyone who visits their property (including themselves) from the preventable consequences of accidents.
