What Is Duty of Care in A Premises Liability Claim

The owner or holder of a property owes a duty of care only to particular groups of persons, according to the legal principle of premises responsibility.

The Level of Care

The highest level of care is owed to invitees under the premises responsibility doctrine, followed by licensees. The owner or possessor owes no obligation of care to people who trespass on their property or gain entry through illegal means.


These are those who come to the property to conduct business with the owner or possessor, to purchase their products or services, or for any other commercial reason.


These are persons who visit the property with the owner’s or possessor’s express or implicit authorization. Friends, social guests, acquaintances, and others who may visit the property for non-commercial reasons may be included.

Exemption from the Trespassing Law

However, there is one exemption to the trespassing prohibition. If the property in question has qualities that may attract minors, the owner or possessor is responsible for ensuring that the property is reasonably safe. They may be held accountable if they fail to do so and a youngster enters their property to use one of these features and is injured. Swimming pools, water fountains, trampolines, manmade ponds, open pits, wells, tree houses, abandoned cars, abandoned refrigerators, construction equipment, and any other piece of equipment or feature that may attract curious children are the most common examples of attractive nuisances.

Common Locations Where the Premises Liability Theory May Apply in The Case of An Accident

  • Retail stores and supermarkets
  • Shopping malls
  • Restaurants and bars
  • Gyms and recreational facilities
  • Hotels
  • Movie theaters
  • Sports arenas
  • Schools and universities
  • Hospitals and nursing homes
  • Airports, train stations, and bus stations

Factories, assembly plants, warehouses, and other industrial facilities

You can also sue the owner of a residential property if you are hurt as a result of a defective condition that they neglected to repair or warn you about.

Why You Need a Case-Specific Lawyer to Handle Your Premises Liability Claim

While all certified personal injury attorneys are capable of handling a premises liability suit, not all of them do so on a regular basis. In fact, far too many lawyers are unwilling to accept these matters since proving the owner’s or possessor’s liability can be extraordinarily difficult.

A personal injury lawyer who exclusively handles vehicle accidents, motorcycle accidents, or medical malpractice cases may struggle to develop a winnable case because they are unfamiliar with the complexities of premises liability claims.

This is why you should hire a personal injury attorney who has previously handled premises liability cases similar to yours. Inquire whether they have litigated premises liability matters and obtained compensation for their clients. This is due to the fact that trial experience is the single most important aspect that can assist your lawyer in gaining influence over the at-fault party’s insurance company. Furthermore, employing a premises liability lawyer with trial expertise can considerably boost your chances of getting the monetary compensation you deserve, because they can present your case in court. For further information, you can consult with an expert LA Premises Liability Lawyer so they can provide you the best possible results.

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