Premises liability screener

Legal information only. Premises liability claims are fact-specific and vary significantly by state. This screener identifies potential claims only. Always consult a licensed personal injury attorney. See our full disclaimer.

Premises liability claim screener

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How premises liability works

Premises liability law holds property owners responsible for injuries caused by unsafe conditions they knew about or should have known about. The strength of a claim depends on 3 factors: your legal status as a visitor, the nature of the hazard, and whether the owner had actual or constructive notice of the danger.

Invitees - people on the property for business purposes like store customers, restaurant patrons, and hotel guests - receive the highest duty of care. Licensees - social guests and others present with permission - receive a somewhat lower duty. Trespassers generally receive the lowest duty, though children may be protected by the attractive nuisance doctrine if a dangerous condition drew them onto the property.

Notice is the critical issue in most cases

For conditions the owner didn't create (like a liquid spill by a customer), the plaintiff must prove the owner knew or should have known about the hazard and failed to remedy it. Constructive notice is established by showing the condition existed long enough that reasonable inspection would have found it. Surveillance footage showing the spill was present for 45 minutes before the fall is strong constructive notice evidence - which is why preserving video footage immediately after an accident is critical.

Negligent security claims

When a crime occurs on someone's property due to inadequate security, the property owner may be liable under negligent security theory. Apartment complexes with broken gate locks, hotels with known crime patterns who failed to increase security, and parking garages without adequate lighting are common negligent security scenarios. These cases require evidence of prior criminal activity on the property that put the owner on notice of the need for security measures.

Frequently asked questions

Yes. Most states apply comparative fault to premises liability cases. If you were looking at your phone when you slipped, or if you ignored a clearly visible wet floor sign, your recovery may be reduced by your percentage of fault. A few states use contributory negligence, which bars recovery entirely if you were even 1% at fault. Your attorney assesses the liability picture and works to minimize any fault attributed to you.

There's no fixed time rule - it depends on the circumstances. A spill in a high-traffic area that existed for 5 minutes may establish constructive notice if the store had a duty to inspect frequently. The same spill in a low-traffic area for 5 minutes may not. Courts look at the nature of the property, traffic volume, the owner's inspection policies, and any evidence of prior similar incidents. Longer duration and higher traffic generally mean stronger constructive notice.

Take photographs of the hazard immediately - before it's cleaned up. Get the names of witnesses. Report the incident to management and ask for a written incident report. Preserve your clothing and footwear. Seek medical attention immediately. Then contact an attorney to send a spoliation letter demanding the property owner preserve all surveillance footage. Video is often overwritten within 24 to 72 hours. Acting within hours is essential to preserve video evidence.

Yes, but government claims have special requirements. Most states require a tort claims notice to be filed with the government entity within a short period - sometimes as little as 60 to 180 days from the injury. Missing this notice deadline can permanently bar your claim even if the lawsuit would otherwise be timely. If your injury occurred on government property (public school, city sidewalk, government building), contact an attorney immediately to determine the notice deadline in your state.

Personal injury SOLs apply, typically 2 to 3 years from the accident date. Government entity claims have much shorter notice deadlines. The SOL is separate from the notice deadline - you may need to file a notice within 90 days AND file a lawsuit within 2 years. Contact an attorney as soon as possible after a premises liability injury to ensure both deadlines are met.