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Premises Liability

The liability of an occupier of real property towards injury to others.

The term preferred in American law to what other common law jurisdictions refer to as occupiers' liability.

The term is defined in Volume 4 of ATLA's Litigating Tort (cases as follows:

"Premises liability deals with the breach of duties owed by an owner or occupier of real estate to protect people on or off the premises from dangerous conditions and defects in the property, including hazards from activities conducted, or things kept on, the property."

 

REFERENCES:

 

Conlin, R., and Cusimano, G., ATLA's Litigating Tort Cases (Thomson-West Group, Eagan, MN., USA: 2003), §55.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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