What is premises liability?
Premises liability holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. Common cases include slip and falls, negligent security, inadequate maintenance, and dangerous conditions. Liability turns on the visitor's status - invitee, licensee, or trespasser - and whether the owner knew or should have known of the hazard.
How does comparative fault affect a premises claim?
Most states reduce your award by your percentage of fault. In pure comparative negligence states you can recover even if 99% at fault. In modified comparative states you are barred once you reach 50% or 51% fault. A few contributory negligence states bar recovery for any fault at all.
What is negligent security?
Negligent security is a premises liability theory holding a property owner responsible when foreseeable criminal acts (assaults, robberies) harm visitors because the owner failed to provide reasonable security - lighting, locks, guards, or cameras. It is common in cases at apartment complexes, parking lots, hotels, and bars.
Do damage caps apply to premises liability?
Economic damages (medical bills, lost wages) are generally not capped. Some states cap non-economic damages (pain and suffering), most often in medical malpractice, but general premises claims are usually uncapped. Punitive damages may have separate limits.
What is the difference between an invitee and a licensee?
An invitee (such as a store customer) is owed the highest duty - the owner must inspect for and fix hazards. A licensee (a social guest) is owed a duty to warn of known dangers. A trespasser is generally owed only a duty not to cause willful harm, with exceptions for children under the attractive nuisance doctrine.