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Premises Liability Law

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Premises liability law concerns injuries that happen on someone else's property because of an unsafe condition. It rests on the idea that those who own or control property have a responsibility to keep it reasonably safe for the people who come onto it.

Common situations include slips and falls, injuries from poor maintenance or hazards, inadequate lighting or security, falling objects, and other dangerous conditions on residential, commercial, or public property. The injured person may be a customer, a visitor, a tenant, or another type of guest, and the type of visitor can affect what duty was owed.

Key concepts a non-lawyer should understand include the idea that the property owner or controller generally owes a duty of reasonable care; that a claim usually depends on showing the owner knew, or should have known, about the hazard and failed to address it; and that not every injury on a property leads to liability, since the law focuses on whether the owner acted reasonably. Documentation of the hazard and the injury is often important.

People typically consult a premises liability lawyer after a significant injury caused by an unsafe condition on someone else's property. Legal guidance helps an injured person understand whether the property owner's conduct fell short of the required standard and what proving such a claim involves.

Share of classified federal decisions

1861187519001925195019752000200733%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in premises liability

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

View all Premises Liability Law books →

Related practice areas

Asbestos and Mesothelioma LitigationAviation Accident LitigationBicycle Accident LawBoating Accident LawBrain and Spinal Cord Injury LawBurn Injury LawBus Accident LitigationCar Accident Litigation

Key definitions

Defined terms that recur in premises liability law — each links to its dictionary entry.

LiabilityNegligenceNuisanceLicenseeTrespasserAttractive NuisanceProximate CauseActual NoticeConstructive NoticeContributory NegligenceBreach

Frequently asked questions

Premises Liability Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • The Crisis in Telecommunications Carrier Liability: Historical Regulatory Flaws and Recommended Reform - Hardcover
    The Crisis in Telecommunications Carrier Liability: Historical Regulatory Flaws and Recommended Reform - Hardcover
    Barbara A. Cherry
  • Corporate Liability for Transboundary Environmental Harm: An International and Transnational Perspective - Paperback
    Corporate Liability for Transboundary Environmental Harm: An International and Transnational Perspective - Paperback
  • Strict Liability: Legal and Economic Analysis - Hardcover
    Strict Liability: Legal and Economic Analysis - Hardcover
    Frank Vandall
  • Land Trusts in Florida: For Privacy, Liability Protection, Avoiding Probate, Ease of Ownership and 30 More Benefits - Paperback
    Land Trusts in Florida: For Privacy, Liability Protection, Avoiding Probate, Ease of Ownership and 30 More Benefits - Paperback
    Joseph E. Seagle
  • From Corporate Social Responsibility to Corporate Social Liability: A Socio-Legal Study of Corporate Liability in Global Value Chains - Paperback
    From Corporate Social Responsibility to Corporate Social Liability: A Socio-Legal Study of Corporate Liability in Global Value Chains - Paperback
    Anna Aseeva
  • Revised Critical Infrastructure Protection Reliability Standard CIP-003-7-Cyber Security-Security Management Controls (US Federal Energy Regulatory Co - Paperback
    Revised Critical Infrastructure Protection Reliability Standard CIP-003-7-Cyber Security-Security Management Controls (US Federal Energy Regulatory Co - Paperback
    The Law Library
  • An Analysis Of The Employers' Liability Act, 1880: With Appendix Containing The Act And A Digest Of Recent Cases On The Liability Of Employers To Thei - Paperback
    An Analysis Of The Employers' Liability Act, 1880: With Appendix Containing The Act And A Digest Of Recent Cases On The Liability Of Employers To Thei - Paperback
    John David Sym
  • Delaware Limited Liability Company Act; 2018 Edition - Paperback
    Delaware Limited Liability Company Act; 2018 Edition - Paperback
    Michigan Legal Publishing Ltd
  • Professional Liability Issues for Librarians and Information Professionals - Paperback
    Professional Liability Issues for Librarians and Information Professionals - Paperback
    Paul S. Healey
  • For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving - Hardcover
    For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving - Hardcover
    Dana Brakman Reiser
  • Liability: Perspectives and Policy - Paperback
    Liability: Perspectives and Policy - Paperback
  • Employers' Liability Claims: A Practical Guide Post-Jackson - Paperback
    Employers' Liability Claims: A Practical Guide Post-Jackson - Paperback
    Andrew McKie
  • The Foundations Of Legal Liability V1: Theory And Principles Of Tort (1906) - Paperback
    The Foundations Of Legal Liability V1: Theory And Principles Of Tort (1906) - Paperback
    Thomas Atkins Street
  • Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law - Hardcover
    Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law - Hardcover
    Vera Bergelson
  • The law of Torts: A Concise Treatise on Civil Liability at Common law and Under Modern Statutes for Actionable Wrongs to Person and Property - Hardcover
    The law of Torts: A Concise Treatise on Civil Liability at Common law and Under Modern Statutes for Actionable Wrongs to Person and Property - Hardcover
    Francis M. Burdick
  • Restaurant Ridiculous: Dram Shop & Alcohol Liability Personal Injury Lawsuits: Negligent Acts, Management Fails & 99 Signs of Visible Intoxication - Paperback
    Restaurant Ridiculous: Dram Shop & Alcohol Liability Personal Injury Lawsuits: Negligent Acts, Management Fails & 99 Signs of Visible Intoxication - Paperback
    Howard Cannon
  • AS Law for AQA Unit 2B The Concept of Liability: Introduction to Tort: Liability in Negligence. The Courts: Procedure and Damages - Paperback
    AS Law for AQA Unit 2B The Concept of Liability: Introduction to Tort: Liability in Negligence. The Courts: Procedure and Damages - Paperback
    Sally Russell
  • Torts and Sports: Legal Liability in Professional and Amateur Athletics - Hardcover
    Torts and Sports: Legal Liability in Professional and Amateur Athletics - Hardcover
    Raymond L. Yasser
  • Malpractice Liability in the Helping and Healing Professions: A Survey Guide for Attorneys and Clients - Hardcover
    Malpractice Liability in the Helping and Healing Professions: A Survey Guide for Attorneys and Clients - Hardcover
    Warren Freedman
  • Papal Immunity and Liability in the Writings of the Medieval Canonists - Paperback
    Papal Immunity and Liability in the Writings of the Medieval Canonists - Paperback
    James M. Moynihan
  • Domestic Terrorism: USA vs. Veterans and the First Amendment - Paperback
    Domestic Terrorism: USA vs. Veterans and the First Amendment - Paperback
    Dr Kc Tennant DC
  • The Employers' Liability Acts And The Assumption Of Risks, Part 2: In New York, Massachusetts, Indiana, Alabama, Colorado, And England (1902) - Paperback
    The Employers' Liability Acts And The Assumption Of Risks, Part 2: In New York, Massachusetts, Indiana, Alabama, Colorado, And England (1902) - Paperback
    Frank Farnum Dresser
  • The Duty And Liability Of Employers: As Well To The Public As To Servants And Workmen (1885) - Paperback
    The Duty And Liability Of Employers: As Well To The Public As To Servants And Workmen (1885) - Paperback
    Walworth Howland Roberts
  • Civil Liability in Criminal Justice - Paperback
    Civil Liability in Criminal Justice - Paperback
    Darrell L. Ross

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.