Premises liability lawsuits are based on the legal theory that property owners are responsible for the accidents and injuries that they negligently fail to prevent on their properties. Negligence means the failure to act with reasonable or ordinary care. If the owner of a property should have done more to prevent a visitor’s injuries, he or she will be liable for an accident.
Anyone who owns or operates property that is open and accessible to the public owes those who enter the premises a duty to keep them reasonably safe from harm by not creating or allowing hazards to exist. The exact duties of care owed depend on the classification of the visitor. There are three different types of visitors: invitees, licensees and trespassers. Although no duties of care are owed to trespassers (unless they are under the age of 18), all property owners have a duty to prevent injuries to lawful visitors.
If an individual is an invitee, or someone welcomed onto the property by the owner, the owner must inspect a property to search for hidden hazards, repair any detected defects and warn visitors of potential risks. The same duties of care apply to a licensee, minus the need to inspect for hidden hazards. Like an invitee, a licensee also has the legal right to enter a property, but does so on his or her own volition, such as a social guest. If a property owner violates a duty of care, he or she can be liable for a related injury.