Premises Liability

Premises are land and buildings together considered as property. Premises liability law requires that a landowner is responsible for certain injuries people who are present on the premises may encounter. In order for premises liability to apply, three items must be determined:

  1. The defendant must possess the land
  2. The plaintiff must be an invitee or licensee; trespassers have less protection under premises liability law.
  3. Some form of negligence or other wrongful act must have occurred.

In the United States, the claims most commonly associated with premises liability include negligent maintenance, unsafe or dangerous conditions, assault and battery, slip/trip and fall, drowning/aquatic injuries, animal attacks, inadequate lighting and criminal attacks. The safety of the premises falls on the property owner; they have a legal obligation to ensure that all invitees or licensees are free from harm while on the property. There is a wide variety of situations that may lead to a premises accident:

  • Falling objects
  • Uneven floor surfaces
  • Poorly marked elevation changes
  • Poor lighting
  • Uneven elevators
  • Wet surfaces
  • Broken sidewalks
  • Broken steps

For strong representation from a lawyer dedicated to maximizing your benefits, call Stobierski & Connor now at 413-774-2867. There is no obligation to hire, and we collect no fees unless we make a recovery or settlement on your behalf.