Business Premise Liability

This article covers the nature and legal basis of premise liability of the following categories of business property owners:

• Multi-Unit Residential Property Owners and their agents, including the property managers, landlords, and agents who are legally responsible for keeping and maintaining the property in safe and habitable condition.
• Commercial Property Owners and Retail Businesses and their employees, property managers, and commercial landlords are legally responsible for keeping and maintaining the property safe and in good condition. This category of business property owners may include owners of individual retail shops, shopping centers, and malls.

Business Property Owners Liability

Public Policy To Keep The General Public Safe

In either category of business property, owners described above, including their employees and agents, are subject to the same higher standard of care because businesses are generally open to the public and therefore are considered business invitees. Moreover, the higher standard of care extends to the interior of the business and the exterior of the owner’s property.

Multi-Unit Residential Property Owners And Agents

We will begin this article with the property owner of multi-unit apartments and agents, all of whom share an affirmative legal responsibility for keeping and maintaining the residential property safe, in good repair, and in a habitable condition.

Business Owner-Landlord Liability For Tenant’s Injuries

A landlord’s negligent acts of omission might include failing to repair the apartment complex’s parking area clear of potholes or unexpected slippery surfaces that can cause tenants to fall and be seriously injured. Other examples include:

• Faulty wiring can lead to a fire that damages the tenant’s unit, destroying the tenant’s personal property and injuring the tenant and others.
• A leaky roof might cause dampness and which causes black mold to form, resulting in the tenant becoming seriously ill. A broken window can cut a child’s hand.
• Even an attack by another tenant’s dog can lead to landlord liability if the landlord knew or should have known the dog’s dangerous propensity to injure others.
• Ramps and stairways may be dangerous and cause serious injury if not properly constructed, regularly inspected, or reasonably maintained.

Building Codes Apply To All Types of Property

All states have enacted building and construction codes in which business owners must comply with or be subject to fines and civil liability from those injured due to violating the building codes resulting in unsafe conditions.

Building And Construction Code Violations

In situations where a person or company has failed to abide by established building codes and injury results from that failure, the injured person may bring a negligence suit against both the builder and the owner of the premises.

Negligence Per Se

Suppose a violation is established and an injury is proven. In that case, the person who violated a statute may be liable under the legal theory of negligence per se.

Statutory Liability

Plaintiffs Burden of Proof Shifts to Defendant

In negligence per se cases where the business property owner commits a statutory violation, the burden of proof shifts from the injured party (plaintiff) to the business property owner (defendant) who violated the statute.

The defendant now carries the burden of proof that the statute or ordinance was not violated. This shift in the burden of proof makes it far more likely that the plaintiff will prevail.

Remember, in cases based on statutory negligence (negligence per se) where there is no statute or local ordinance violation, the plaintiff must carry the entire burden of proof to establish the owner’s negligence and be able to recover damages from the defendant.

Proving Landlord Negligence

To prove the landlord was negligent in the care and maintenance of the property, the tenant will need to establish the landlord knew, or should have known, of the dangerous condition but failed to take reasonable steps to eliminate the risk by adequately inspecting the premises for hidden dangers such as faulty wiring and promptly repairing them.

Landlord Negligence And Liability Can Extend to Invited Guests of Tenant

If you or your guest gets injured by your landlord’s negligence, contact your landlord immediately. Carefully document the circumstances and, if possible, take pictures of the dangerous condition and notify the landlord of your claim in writing.

Property Owner Liability Insurance

The property owner’s premise liability policy will require the landlord to promptly report the tenant’s injury claim to their insurance company.

Beware of the Property Owner’s Insurance Company

If the injuries are severe, the property owner’s insurance company will send out one of their claims adjusters to investigate the claim on the property owner’s behalf.

Insurance Adjusters: Be careful when dealing with the property owner’s insurance company. The insurance adjuster will likely try to find evidence to deny your claim by asserting you were not attentive or had prior notice of the dangerous condition but failed to timely report the danger to the landlord.

Owner’s Insurance Coverage Does Not Extend To Tenants

Don’t try to do all the investigation yourself. Instead, it would be best to consider retaining a qualified personal injury attorney who practices premise liability law.

As part of their investigation, a lawyer will usually have a professional investigator visit the location to preserve and photograph the evidence and obtain statements from other tenants and witnesses.

It is almost always not to speak with the property owner’s insurance company. Instead, politely inform the adjuster that you have a lawyer and that all inquiries should be directed to the lawyer.

If the tenant wants to be protected from hazards and peril, including potential liability from tenant guests who become injured, it makes good sense to purchase renter’s insurance, which is quite affordable

Business Owners Commercial Property

Dangerous Conditions In Public Places

Personal injuries from slip-trip-and-falls can result from different conditions and sources. The most common are:

• Uneven stairways and ramps
• Potholes in commercial parking lots
• Food products not packaged properly
• Slippery and wet Floors
• The accumulations of snow and ice

Beware of the Leaky Roasted Chicken: Some large and hugely popular Mega Stores require a shopper membership fee for the right to shop at their store. Sometimes, the roasted chicken is packaged in a clear easy-to-open tray and plastic lid, which shoppers sometimes open and eat from before checking out or exiting the store. Suppose the top is not correctly snapped back into place when placed back into the open cart. In that case, it is easy for the container to leak chicken grease on the floor, creating a dangerous condition for other shoppers who may slip on the greasy fat. If you were one of the unlucky shoppers that slipped and fell, you could sue both the business invitee (shopper) who opened the chicken container and the Mega Store for creating the danger by not having a better seal on the containers and for failing to clean up the spilled grease.

Injury From A Dangerous Condition – Liability Based On Foreseeability

In the above TroubleTip, in which a shopper is required to be a paid member, your lawyer can argue for the highest level of reasonable care in cases where the store has a profit motive related to the dangerous condition.

In our example, the related condition was the store’s marketing motive to have their roasted chicken both visible and easy to open, which enticed the shopper to unsnap the container lid for a quick taste, a foreseeable and encouraged consumer behavior, but one that they knew could cause dangerous spills and falls.

The Legal Concept Of Notice

The plaintiff’s case against the commercial property owner depends on establishing that the defendant or its employees had knowledge of the dangerous condition but failed to take action.

Different state laws govern who and under what circumstances a business invitee can recover damages in premises liability cases. Some states focus on the legal status of the person entering the property to determine whether liability can be imposed against the business owner.

The property owner can also be found liable if the owner or managing agents caused the dangerous condition through their own negligence. This is considered first-party direct negligence.

Without proving the owner caused the dangerous condition or should have known the risk of danger created by them or others, the plaintiff cannot establish that the property owner was negligent and, therefore, cannot be held legally responsible for the plaintiff’s damages.

Personal Injury Consultation

If you have questions or require additional information about your legal rights and obligations, consult a verified Personal Injury Lawyer as soon as possible