Premises Liability

14Liability for wrongful death, personal injury and/or property damage resulting from a dangerous condition on a person’s land will depend on whether the condition was deemed “open and obvious”, and why the injured person was on the land.

  • Invitees (business customers): a business owner must protect his customers from an unreasonable risk of harm caused by a dangerous condition on his land. This typically requires the business owner to inspecting his land or store, making any necessary repairs, or warning his patrons of any known or foreseeable hazards.
  • Licensees (social guests): The host of a free party does not owe her social guests any duty to inspection or prepare the premises for the safety of a social guest; except that she must warn her guests of any “latent dangers” that pose an unreasonable risk of harm that she knows or has reason to know of, as long as the social guest do not know or have reason to know of the danger involved. Of course, the host also owes her social guests a duty to refrain from wanton and willful misconduct.
  • Trespassers: No duty to keep the premises safe is owed to people on private property without permission, except that the land possessor must refrain from wanton and willful misconduct.
  • Children:  There is a special duty owed to children with respect to attractive nuisances.  Possessors of land are responsible for harm caused to children by a dangerous artificial condition that is located where children are known to trespass if the children would not likely realize the danger and the possessor of land fails to use reasonable care to eliminate a danger whose burden outweighs its benefits.

As you can see, there are many nuances to consider when examining the potential liability of a land owner.  The foregoing is not meant to substitute a professional legal opinion on your specific matter or constitute legal advice on your matter.  If you have a specific question or concern regarding your potential liability you should contact our office for a consultation.

To schedule an appointment to discuss your injury from a land owner’s dangerous condition, please call (734) 475-4659. 

The foregoing is general information only and does not constitute legal advice regarding your specific legal matter nor does it create an attorney-client relationship regarding your matter.