2. Who is liable in a premises liability case?

3. What are the legal elements of premises liability?

4. What are the most common types of premises liability?

5. Can a tenant take their landlord to court for failure to maintain and make repairs to the rented premises?

6. If someone falls and hurts themselves on a hotel's premises, do they have any recourse against the hotel?

7. Can a college or school be held liable for an attack on a student that occurred on campus?

8. If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?

9. Do building owners have to have safety precautions, such as sprinklers and posted escape routes, in case of fires?

10. What if someone is injured while at the home of a neighbor, who invited them there for a party?

1. What is premises liability?

Premises liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property.

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2. Who is liable in a premises liability case?

A premises owner can be a storeowner, a factory owner, a home owner, or just about anyone who owns land or structures on land.

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3. What are the legal elements of premises liability?

The injured party must prove that the defendant was negligent towards them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.

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4. What are the most common types of premises liability?

• Slip and fall

• Trip and fall accidents

• Dog bites

• Animal attacks

• Fire hazards

• Toxic chemical exposure

• Toxic mold

• Asbestos exposure

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5. Can a tenant take their landlord to court for failure to maintain and make repairs to the rented premises?

Yes, a tenant might recover from a landlord under the implied warranty of habitability - providing adequate shelter from the elements. Many state or municipal landlord-tenant ordinances permit tenants to seek court orders if the landlord fails to maintain the premises.

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6. If someone falls and hurts themselves on a hotel's premises, do they have any recourse against the hotel?

A hotel might be liable if someone slips or trips and fall on hotel premises. A hotel could also be liable if someone is injured because of a design or building flaw, such as steps that are too steep, or the hotel's failing to light an area properly.

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7. Can a college or school be held liable for an attack on a student that occurred on campus?

A student attacked on a college campus might have a negligence action against the college. If so, the court would ask what security precautions the college had taken, and might find that the steps taken were insufficient, holding the college liable.

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8. If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?

An injured party might have a successful case against the city if he or she can show that it failed to maintain the sidewalk properly. There are very important deadlines and requirements for giving municipalities notice of such claims, however, about which a lawyer should advise you.

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9. Do building owners have to have safety precautions, such as sprinklers and posted escape routes, in case of fires?

Building owners and/or management are required to exercise reasonable care to prevent injuries in case of fire, and should help people on their properties escape. This would include having sprinklers and posted escape routes.

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10. What if someone is injured while at the home of a neighbor, who invited them there for a party?

Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about any dangerous conditions that guests are unlikely to recognize.

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