Firm-Wide

Premises Liability

Premises liability cases involve situations in which someone is injured due to negligence or inaction of a property owner or operator. Property owners are required by law to provide a safe environment for visitors.

Incidents that may require you to consult a premises liability attorney include:

Animal bites

Slip and fall accidents

Negligent or inadequate security

Swimming pool injuries

Poor maintenance

Retail store liability

Restaurant liability

While states vary on the types and degrees of liability, the status of the victim can be a factor. There are three classifications of property visitors:

Invitees have an implied or expressed offer to enter and/or stay on your property. These are typically public or business guests.

Licensees also have an implied or expressed offer to enter and/or stay on your property, but these are typically social guests.

Trespassers, obviously have no invitation to be on your property.

In premises liability cases, it is especially important to act quickly. You case may depend on the preservation of evidence documenting the state of the property at the time of your injury and on eyewitness accounts of the accident. When you or a loved one have been hurt on someone’s property – whether it is a home or a business – premises liability lawyer can help you receive the compensation you deserve. Call the personal injury attorneys at Burg Simpson at (866) 344-7582 or fill out our FREE case evaluation form to get started.

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Premises Liability Prerequisites


To establish premises liability, there are a few criteria that must be met:

  • The defendant must own the property

  • The plaintiff must be an invitee or licensee. While trespassers did not use to have any safeguards, the law has gradually granted them more protections since the late 1960s.

  • There must be actual negligence – a breach of the duty of care – or a more overt wrongful act, such as an assault.


Slip, Trip, and Falls

Slips, trips, and falls are by far the most prevalent of premises liability injuries. While property owners are not necessarily responsible for every slip and fall on their property, if unsafe and preventable conditions led to the injury, then the owner may be at fault. However, if the victim was impaired or behaving recklessly, he or she may be responsible for any injuries, rather than the property owner. They also may not be responsible if they had no notice of the unsafe or dangerous condition on their property.

Some examples of property owner negligence can include:

  • Poor lighting

  • Slippery surfaces, including stairs

  • Unmarked steps

  • Obstructions

  • Loose tiles or ripped carpeting


Negligent Security

Tenants and visitors have the right to reasonably expect a safe environment. Such expectations can include:

  • Locked buildings

  • Adequate lighting

  • Security personnel on staff and monitoring the premises

  • Secure, staffed lobbies

  • Sufficiently maintained security equipment


Contact a Premises Liability Attorney at Burg Simpson Today

Premises liability lawsuits can be very difficult to win. The sooner you contact a premises liability lawyer, the better the chances of preserving the evidence, assembling eyewitness accounts, and establishing facts in the case. Whether you need assistance with a slip and fall case or another type of premises liability claim, Burg Simpson has the resources and experience to fight for you, whether that means a settlement or litigation.

Call our experienced personal injury lawyers today at (866) 344-7582 or fill out our FREE case evaluation form.

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