Premises liability

SLIP AND FALL INCIDENTS

Everyone has a responsibility to watch where they are going - but when a landowner or proprietor knows of a danger, or should have known of a dangerous condition that resulted in someone slipping, tripping, falling or otherwise injuring themselves, Isenberg & Hewitt can help advance your claim for the injuries you received.

Premises Liability FAQ

What is “premises liability” law?
Premises liability is the body of law that determines the responsibility of a property owner for injuries suffered by others while on his property.

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Under what circumstances is a property owner responsible for injuries incurred on their property?
Generally, a property owner is responsible for injuries on the property if the owner was “negligent“. A property owner is negligent if the property owner breached a duty of care owed to all person’s on their property.

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What duty of care does a property owner have?
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner’s duty of care is the highest with a business invitee while the lowest duty of care to a trespasser.

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How will it be determined that I have a case?
If the following can be proved, you may be able to file a successful lawsuit:

• The property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual
• There is causation, meaning that the property owner’s specific acts of negligence caused the injuries
• There are substantial damages involved in your case

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What does “causation” mean?

Causation means that the injured party must establish a direct connection between the negligent acts of the property owner and the injuries and damages they are claiming.

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What damages are recoverable in a premises liability case?

Generally, a plaintiff will be able to recover all economic damages incurred resulting from the occurrence. Many times non-economic damages are also awarded (i.e. pain and suffering, loss of enjoyment of life, inconvenience, etc.).
 

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What are economic damages?

Normally economic damages will include medical care, hospitalization, ongoing treatment programs, loss of income, the costs of hiring others to perform normal household duties that the injured person can no longer perform, and the loss of the injured person’s services to his or her spouse.

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Are punitive damages awarded in premises liability cases?

Punitive damages serve to punish the defendant and deter others from engaging in similar conduct. Most jurisdictions require proof of misconduct beyond ordinary negligence before punitive damages are awarded. It would need to be shown that the property owner acted with “reckless disregard” of a known danger. Proving this is often difficult.

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Can a property owner be liable for criminal acts which occur on their property?
In many jurisdictions, a property owner can be liable for criminal acts committed on their property if he knew, or had reason to know, that a criminal act was likely. For example, if a property owner knew that their was a fire in one of his apartments and failed to evacuate the building, he may be liable to those who are injured.

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