Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. Premises liability holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property.

Under premises liability law, a person is said to “possess” land or premises when: a. The person occupies the land or premises with the intent to control it; b. The person formerly occupied the land or premises with the intent to control it, where no other person has subsequently occupied the land or premises with intent to control it; or c. The person is entitled to immediate occupation of the land or premises, if no other person is in possession as just defined.

A landlord remains liable for the condition of the housing it owns, even if it has contracted with a management company to provide all service and maintenance in relation to the housing. Sometimes the injured person will be partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety. When this is not exercised properly, the recovery may be limited. The comparative fault system in personal injury cases contemplates a reduction in legal damages claimed by an injured person by a percentage that is equivalent to his fault for the incident.

Slip-and-fall accidents or injuries come under the category of premises liability injury and occur when a person is seriously injured by slipping or tripping and falling because of unsafe or dangerous stairs, railings, or other structures. Restaurants, parks, museums, office buildings, homes, apartment buildings, outside steps, sidewalks, etc. are locations prone to safety problems such as slippery or irregular floors, irregular stairs, improper handrails, unsafe curbs, poor or improper maintenance, improper design, improper construction, unsafe equipment, and improper repairs. Falls can take place both indoors and outdoors.

Under general tort or personal injury law, slip and fall cases must meet certain criteria in order for a victim to receive compensation for their damages. A party is held liable for slip and fall injuries sustained on their property when the victim can prove that the party had knowledge of the danger and failed to act in an appropriate and timely manner to prevent injury. The injured party may not be able to receive compensation if he/she had knowledge of the hazard prior to the injury.

Damages can be recovered for medical bills, lost time from work, permanent or temporary disability, pain and suffering, which includes physical and mental agony.