Premises Liability

Who is liable if someone falls on a property owned by an individual or business?

Premises liability holds property owners liable in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property.

What is a premises liability case?

Premises liability is a legal concept that typically means a personal injury case where the injury was caused by some type of unsafe or defective condition on someone’s property. A legal claim for premises liability can be made through a personal injury lawsuit or insurance action, and lets you recover compensation for damages, injury, pain, and suffering or other settlements when someone else is legally responsible for causing an accident or creating the circumstances that led up to your injury.

What is premises liability insurance coverage?

“Premises Liability” or “slip-and-fall” coverage is designed to protect the insured if another person is injured while on your property.

Are you liable if a trespasser gets hurt on your property?

It very rare for a trespasser to successfully sue a property owner for an injury, but it is not impossible if the property owner has been grossly negligent. If someone trespasses on your property and they get hurt, you will most likely not be liable unless malicious intent to harm can be established.

Who is at fault if you fall and are injured or cause damages to someone else’s property?

To be legally responsible for the injuries suffered from slipping or tripping and falling on someone else’s property, there are a few things to consider. Was the owner of the premises or an employee responsible for the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot and resulted in the injury to persons or property? Was the individual acting in accordance with the law at the time of injury? If not, was the violation part of the cause for the damages or the injury? Every case is unique and each of these questions will impact the result of a Premise Liability case.

Frequently Asked Questions About Premises Liability


If your child is injured at a friend or relative’s home it is likely that home insurance will cover any negligence. A lawyer can help you figure out if there is any negligence on behalf of the home or land owner. Make sure your kid gets proper medical attention and care. I find clients don’t …
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A slip and fall accident is an example of a premises liability case. A trip and fall would also qualify. These are cases where the landowner or property owner fails to take care of property causing injury. A personal injury lawyer is the type of lawyer that helps injured people pursue the property owner for …
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You can sue your landlord for carbon monoxide poisoning if you can show the landlord acted negligently. This would include exposing you to unnecessary danger or failing to prevent you from being exposed. A landlord has a duty to make property safe. If the landlord fails to make the property safe then you can sue. …
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There can be multiple persons responsible for a slip and fall accident. The landowner can be responsible for failing to take care of the property. The injured party can be responsible for failing to use due caution while walking. Both parties will try to blame the other party and pin liability on the other side. …
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You can sue your landlord for negligence that resulted in a fire. I have handled numerous fire negligence cases. They occur when fire escapes are locked or fire alarms aren’t installed. There are building codes in addition to general negligence laws. A landlord is required to abide by them all. If your landlord did not …
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Yes, the rules change depending on where you fell. In Kentucky, there are different duties owed to different groups of people. For example, if you are a business owner you are owed a high duty of care. If you are trespassing the duty is lower. Where you fell also controls your likelihood of recovery. Falling …
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