Premises Liability

What is “Premises Liability”?

Premises liability is a legal concept in personal injury law that holds a property owner or person in possession of land responsible for certain injuries suffered by people on that property. It’s essentially about the duty of care that property owners owe to others who come onto their land or into their buildings.

The core idea is that property owners must maintain their premises in a reasonably safe condition and warn visitors about any dangerous conditions they know about or should know about. When an owner fails in this duty, and that failure directly causes an injury, they can be held liable. The scope of this duty usually depends on the injured person’s status—whether they were an invitee (like a customer in a store), a licensee (like a social guest), or in some jurisdictions, a trespasser. While the law varies by state, in many places, including California, the distinction between invitees and licensees has largely been replaced by a general duty to exercise reasonable care for everyone on the property.

A classic example of premises liability is an apartment building whose landlord has been repeatedly notified by tenants that the electrical wiring in a common hallway is old, sparking, and smells like burning plastic. The landlord neglects to have a licensed electrician inspect or repair the faulty wiring. One day, the faulty wiring ignites, causing a fire that spreads, severely injuring a tenant who was lawfully inside their apartment.

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Menekshe Law Firm, Morgan Hill Office

15940 Concord Cir

Morgan Hill, CA 95037

Tel: (408) 358-1200

Fax: (408) 358-1205