Premises Liability

When you invite another individual or party onto your property, you have the responsibility of providing that guest, or invitee, with a safe environment. You are held liable for any injuries that the invitee sustains as a result of your negligent property maintenance. You are also accountable for injuries that the guest incurs due to your failure to notify him or her of known hazards. These expectations fall under a law known as “premises liability.”

Duty to Invitees

An invitee is defined as an individual who has been asked to enter the possessor’s property, under the context of business dealings. For example, visitors to retails stores are considered to be invitees. The party responsible for the property owes a special, high duty of care to invitees. They may be held liable for any injuries sustained by the guests under the following circumstances:

There is an unreasonable risk present

The possessor was aware of (or should have been aware of) the risk but failed to take action to either eliminate the hazard or notify visitors of its presence.

Duty to Licensees

A licensee is anyone who is invited to enter the property without commercial interest. For example, a guest at a dinner party is considered to be a licensee. Property possessors can be accountable for a licensee’s injury under the following circumstances:

• The possessor was aware of the risk
• The possessor failed to eliminate the risk or warn the invitee of its presence

Under these conditions, the party responsible for the unsafe property may suffer punishment under premises liability law.

Contact Us

If you would like to learn more about the premises liability law, contact the Philadelphia personal injury lawyers of Lowenthal & Abrams, P.C. today at 215-238-1130 to speak with an experienced attorney about your questions.