Premises Liability

(1) Where a premise owner’s failure to properly maintain the premises results in injury.

(2) Where a premise owner’s failure to utilize appropriate security measures results in criminal activity or violence taking place on the premises,.

(3) Where a premise owner has affirmatively acted in a manner that contributes or causes injury.

 

 

Premises liability often is pursued as a negligence claim.  Generally, premise owners have a duty to exercise “ordinary care” in the management of their premises in order to avoid causing injury. Certain statutory or regulatory duties also may exist.

 

 

The Issue of Independent Contractors - Most states have adopted the general rule that an owner of premises owes no duty to those harmed by an independent contractor working on the premises. Exceptions to this general rule exist, however.  Where the actions of a premise owner show that it affirmatively retained control over the contractor’s work, it may create a duty of care. Additionally, some courts have held that premise owners are liable for injuries caused through their negligent hiring of incompetent contractors. The “peculiar risk” doctrine holds that a premise owner who hired an independent contractor to do inherently dangerous work can be held liable when the contractor causes injury to others by negligently performing the work.

 

Most states also have ruled that a premise owner need not warn independent contractors of known or obvious dangers existing on the premises. Some jurisdiction holds that a premise owner may have a duty to warn a contractor of latent or hidden dangers that are more easily known to the owner than contractor.

 

What constitutes proper care often is situational, depending upon the particular facts of a case. Additionally, judicial rulings, statutes, and regulations may define some duties for premise owners. If the violation of such laws leads to injury, then the premise owner could be found negligent per se. 

 

 

As one of the nation’s leading plaintiffs’ firms, Paul & Hanley employs experienced premises liability attorneys and staff dedicated to helping those injured through the fault of corporate indifference and negligence. 

 

Our premises liability attorneys have the knowledge, experience, and resources necessary with which to successfully pursue cases involving premises liability.