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Each of the three attorneys at Spiering, Swartz and Kennedy is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Each has won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members.

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Premises Liability

Quick Overview

Landowners and tenants can be held responsible when injuries occur on their property. They have a duty to inspect their property and are obligated to make the property safe or warn visitors of any dangerous condition on their property. They must also take the necessary precautions to protect people and they must adhere to safety guidelines and procedures in order to prevent harm or injuries. If negligence on the part of a landowner or tenant is proven, they can be held at fault for accidents and are responsible for compensating victims for damages suffered. As with car accidents and other kinds of personal injury claims, determining compensation and liability can be difficult if not impossible without professional legal advice.

Landowners and Liability

Premises liability states that the landowner and the tenant of property, whether commercial, agricultural, public, or residential, have a duty to all visitors to maintain the property in a safe condition. They are responsible for taking the necessary acts to make their property safe for others. The duty of the landowner and tenant is to inspect the property to ensure that visitors are not exposed to potential and preventable dangerous harm. When landowners and tenants fail to do this, injured visitors may file a premises liability claim due to the unsafe condition.

An unsafe condition may include holes in the ground, uneven walking surfaces, drops in elevation that are not easily visible, conditions of disrepair, conditions that violate the building code, or any other dangerous conditions on or around walking surfaces. It may also include retail goods or equipment that are not secured safely (and fall on the visitor). Wild and domestic animals, including those that break off of leashes or break out of yards or pens and then attack or knock victims down, are also included in premises liability claims. Each injury situation must be evaluated for the legal responsibility and duty of the landowner and tenant in order to recover for the injured victim.

Legal Help for Premises Liability Claims

Liability can vary based on the visitor's conduct and on the laws or regulations governing a specific type of business or property. It is extremely important that you consult a qualified lawyer from our firm to investigate the landowner and tenant, the history of the property, the physical condition of the property, applicable laws and safety regulations in order to determine the extent of the danger and the owner or tenant's negligence. Once your case has been assessed, our firm will work quickly and aggressively on your behalf.

Contact Spiering, Swartz & Kennedy for the representation you need.