The term premises liability relates to the responsibility of property owners to members of the public. Specifically, premises liability involves legal and financial responsibility when people get hurt due to unsafe property conditions.
For the injured person to have grounds for an insurance claim or a lawsuit, they often need proof that the property owner was negligent. A variety of different property conditions could warrant claims of negligent maintenance. Reasonable people generally need to agree that a situation created unnecessary risk due to unsafe behavior or a lack of necessary actions, such as cleaning the premises.
What types of property issues might lead to premises liability for owners and businesses?
Messy, wet floors
Maintaining clear floors is crucial for the safety of visitors at a business. Generally, it is important for businesses to secure electrical cords, place rugs by entranceways and regularly clean to prevent the accumulation of dirt or moisture. Workers may also need to respond promptly to reports of spills or broken items. The failure to keep floors clear and clean can potentially lead to premises liability if people slip or trip and then fall.
Dangerous stairways
Stairs require proactive maintenance because they are an innately dangerous space. Typically, stairs require proper lighting, slip-resistant flooring and handrails so that people can catch themselves if they lose their balance. The failure to keep stairways clean and well-lit may lead to liability for property owners.
Decks and porches in disrepair
The addition of a deck or porch to a building can make it attractive to tenants or business visitors. However, those outdoor spaces can be particularly hazardous. Their exposure to the elements makes them more prone to deterioration than interior spaces. If a deck has rotten support beams or a porch has weak handrails, people may end up falling and sustaining significant injuries. Poorly maintained porches and decks could even collapse, leading to tragic consequences for the people on them or nearby at the time.
In scenarios where better maintenance would likely have prevented injuries, people may have grounds for premises liability claims. Holding property owners accountable for insufficient maintenance can help people cover medical expenses, lost wages and other costs generated by their injuries.