Tag Archives: premises liability
“Trivial Hazards” & the Landowner’s Duty to Warn
Property owners* must maintain their property and (premises located thereon) in a reasonably safe condition. Today, we take a look at some of the elements of “reasonably safe” conditions and the nature of the duty land owners, controllers, and possessors have when it comes to maintaining property. TRIVIAL HAZARDS DO NOT NORMALLY GIVE RISE… Read More »
What Do You (Need to) Know About Property Dangers?
“Foreseeability of harm” is a critical component of premises liability, and part of the foreseeability question involves the owner’s knowledge of dangerous conditions. Property owners* are not “insurers” of safety. They do not provide a blanket insurance or guarantee that visitors to the property they own or control will not suffer injury. However, where the… Read More »
What Factors Impact the Landowner’s Duty Under Premises Liability Law?
Several factors govern whether or not the owner (or possessor) of real property has a duty to act and/or mitigate possible hazards under premises liability law. No single factor is dispositive. A court evaluating whether or not liability exists will balance several factors when deciding whether or not the defendant land owner (or tenant,… Read More »
How Does Premises Liability Relate to Negligence?
Under premises liability law, people who own, possess, or control land or other forms of real property (including apartments and rental spaces) have a duty to use due care to ensure that the property in question does not create or represent “an unreasonable risk of harm” to other people. Premises liability is a form… Read More »
Ownership, Possession, and Control: the Keys to Premises Liability
Many people think premises liability is only a concern for land “owners” and landlords. In reality, the legal duties which give rise to premises liability may occur when a person has ownership, possession, or control of real property – meaning that it’s not only landlords and owners of land who may be at risk. The… Read More »
