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Premises Liability

What Is a Premises Liability Claim?

Landowners and tenants, managers of property, or anyone with control over property, can all 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, tenant, manager or entity in control of the property is proven, it can be liable for the victim’s accident and is responsible for fairly compensating a victim for damages suffered. As with car accidents and other kinds of personal injury claims, proving negligence and determining a fair compensation is difficult if not impossible without professional legal advice.

The team at Swartz & Kennedy is here to help with your premises liability claim. Contact our firm by calling (831) 373-3235 so we can help you take action today!

Landowners and Liability

Premises liability law states that the landowner, tenant, manager, or entity in control of the property has a duty to maintain the property in a safe condition, whether it is:

  • Commercial
  • Agricultural
  • Public
  • Or residential

They are responsible for taking the necessary acts to make their property safe for others. The duty of the landowner, tenant, manager or entity in control, is to inspect the property to ensure that visitors are not exposed to potential and preventable harm. When landowners, tenants, or managers fail to do this, injured visitors may file a premises liability or personal injury claim due to the unsafe condition.

What Is Considered an Unsafe Condition?

An unsafe condition may include:

  • Holes in the ground
  • Uneven walking surfaces
  • Drops in elevation that are not easily visible
  • Inadequate lighting
  • Conditions of disrepair
  • Conditions that violate the building code
  • Or any other unsafe conditions on the property

Additional Conditions That Can Lead to Premises Liability Claims

It may also include retail goods or equipment that are not secured safely (and fall on the visitor) or not safely maintained. Wild and domestic animals, including dogs jump on, attack or bite visitors to the property, may also be the fault of the landowner, tenant or manager of the property in addition to the owner’s liability.

These animal injury situations are also considered to be premises liability claims. Each injury situation must be evaluated for the legal responsibility and duty of the landowner, tenant, manager, or person in control of the property 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
  • Tenant
  • And manager
  • Who controls the property
  • The history of the property
  • The physical condition of the property
  • And applicable laws and safety regulations

This helps us to prove the extent of the danger and all the parties who are negligent and caused the unsafe condition. Once your case has been assessed, our firm will work quickly and aggressively on your behalf.

Need help with your premises liability claim? Contact Swartz & Kennedy by calling (831) 373-3235 today for the representation you need.

We've Fought and Won for Our Clients

See the Results
  • $5 Million Auto v. Auto (Commercial)
  • $3 Million Auto v. Truck (Wrongful Death)
  • $1 Million Auto v. Auto
  • $1 Million Auto v. Auto
  • $1 Million Premises Liability
  • $850 Thousand Auto v. Truck (Agricultural big rig and trailer)
  • $850 Thousand Auto v. Truck (Big Rig and trailer)
  • $850 Thousand Auto v. Truck (Commercial)
  • $500 Thousand Auto v. Auto
  • $465 Thousand Autos v. Motorcycle Accident
  • $450 Thousand Auto v. Auto
  • $300 Thousand Homeowners Liability
  • $300 Thousand Homeowners Liability
  • $205 Thousand Auto v. Bicycle