At first glance, premises liability looks an awful lot like a standard case for negligence. But there are subtle differences in the law that make the answer to the question “what is premises liability?” a little more nuanced.
A premises liability case may include something like a dog bite. Or perhaps it’s an accident in the swimming pool. Most important, these cases will likely be settled based on the status of the visitor.
Premises liability determined by property visitors
Property visitors are generally broken into three categories.
- Invitees: These are people that have been invited onto the property for a reason that is financially beneficial to the owner. This includes someone that has been invited on for the purpose of a business transaction. It also includes implied invitations. An example would be a business opening a store in the public square. It’s implied that the business is inviting the general public in to do business.
- Licensee: This is someone who has express permission to come onto the property. House guests are the most obvious example.
- Trespassers: These would be those who have no right to come onto the property, but do so anyway. A house guest can also fall into this category if they are asked to leave and refuse.
The role of negligence in premises liability
The first two types of visitors are subject to standard negligence laws. Property owners have the obligation of providing the standard of care that would be done by a reasonable and prudent person.
That obligation does not exist for trespassers, although there are some exceptions. If a family owns a pool, reasonable steps should be taken that neighborhood children can’t walk in unsupervised.
Another example would be the warning signs for a dangerous dog. The door-to-door salesman or the activist bringing social or religious pamphlets might be trespassing, but they do have a right not to be attacked by a dog without advance warning.
Premises liability distinctions are subtle, but cases are won and lost based on these subtleties.
To limit your liability, it’s helpful to be informed of possible dangers and how to prevent them.