Premises Liability

shoppers in a big shopping center with elevators

Premises liability applies to land owners or occupiers of land who are required to maintain their properties in a reasonably safe condition. This duty is imposed on persons who have control and possession of the premises. It is a general negligence law that is applicable.

The situation can complicate if a person is injured from third party criminal conduct. Normally, under this situation, the injured plaintiff need to show that there has been prior similar criminal incident and that the owner or occupier of the land has knowledge or has kept a reasonable policy to be informed of such criminal activities. The harmed plaintiff must also demonstrate the injuries are caused by the negligence of the landowner or occupier.

Under these circumstances, as other personal injury claims, the negligent parties generally have insurance coverage, allowing for compensation to the injured person.