Tag Archives: premises liability
Are Landlords Liable For Injuries Occurring After Sale of the Rental Premises?
THE GENERAL RULE: TRANSFER OF OWNERSHIP TERMINATES THE FORMER OWNER’S LIABILITY Generally speaking, people who transfer ownership of property are no longer liable for accidents, damage, or dangerous conditions on the property after the date of sale. This applies (for the most part) even to dangerous conditions which existed before or at the time… Read More »
The Landlord’s Historical Liability for Defective Rental Property
HISTORICALLY, LANDLORDS HAD LITTLE LIABILITY FOR DEFECTS IN RENTAL PROPERTY In the past, landlords generally had little liability to tenants if defective rental property resulted in injury to tenants or their families and guests. Old laws imposed no duty on landlords to make rental properties safe or habitable, because the tenant–not the landlord–had primary possession… Read More »
Are You Trespassing on Your Neighbor’s Land?
WHAT IS TRESPASSING? “Trespassing” means making an unauthorized entry onto land or property which belongs to another person, in a way that disrupts or interferes with the owner (or possessor)’s exclusive right to possession and control. In plain English: trespassing involves: 1. An entry onto “the land of another” – which may mean either land… Read More »
The Recreational Use Exception to Premises Liability
RECREATIONAL USERS OF LAND GENERALLY USE THE LAND AT THEIR OWN RISK “Recreational” land use includes a variety of activities, including (but not limited to): picnicking, walking, hiking, climbing, trekking, hunting, fishing, camping, ATV or snowmobile use, horseback riding, parachuting, and exploring. Recreational use also includes entering land for general enjoyment of the site… Read More »
Proving Breach of a Property Owner’s Duty
HOW DOES NEGLIGENCE RELATE TO PREMISES LIABILITY? Premises liability is a form of negligence, which means the plaintiff (usually, the injured party or someone suing on his or her behalf) must prove the elements of negligence in order to prevail. The elements of a claim for negligence are: 1. The existence of a legally… Read More »
When Must Property Owners Protect Against Third-Party Criminal Acts?
DOES A PROPERTY OWNER EVER HAVE A DUTY TO PROTECT PEOPLE AGAINST THIRD PARTY CRIMINAL ACTS? In many cases, property owners have no liability for injuries resulting from the acts of third parties who are not under the property owner’s actual or legal control. In these cases, as you might expect, the third party… Read More »
Are Property Owners Responsible for Sidewalks?
In many places, city-owned sidewalks run alongside residential and commercial properties. Although these sidewalks actually belong to the city (or county, or other governmental entity) which owns the land on which they sit, owners of adjacent private property may still have a duty relating to the sidewalk. PROPERTY OWNERS HAVE A DUTY NOT TO CREATE… Read More »
The Landlord’s Duty to Inspect & Repair
WHAT IS THE LANDLORD’S DUTY TO MAINTAIN PROPERTY? Landlords have a duty to keep their properties “reasonably safe” for tenants and third parties who may enter onto the premises. Visitors are considered “invitees” of the landlord/property owner, even when they enter the property to visit a tenant or for other purposes unrelated to the… Read More »
Can Injured Contractors Sue a Property Owner?
Many property owners* fail to understand the duty they owe (or don’t owe) to the employes and laborers of a contractor the property owner hires to perform improvements or other work on real property or buildings. THE GENERAL RULE IS THAT PROPERTY OWNERS ARE NOT LIABLE FOR INJURIES TO CONTRACTORS’ EMPLOYEES (BUT THERE ARE EXCEPTIONS)…. Read More »
