Premises liability claims: what property owners owe

Premises Liability Claims: What Property Owners Owe Under the Law

July 21, 2026

When an individual sustains injuries on another individual’s premises, the victim normally makes a claim with the aim of compensating for the loss suffered. Every claim involving premises liability must address the question, “Was the duty imposed by law upon the party in control and ownership of a property reasonably followed?” The duty varies by visitor and is subject to limitations. If the duty is breached, the owner of the property will be liable for damages.

According to the Centers for Disease Control and Prevention, nearly 3 million elderly patients attend emergency departments to address the injuries caused by falls every year. Approximately 1 million of them require hospitalization. Among adults aged 65 and older, falls were cited as the leading cause of death. The fatality rate grew from 2018’s 64.7% to 78.4% in 2024.

Knowing the common types of premises liability cases can help an individual recognize whether they have strong grounds for a premises liability case before submitting a claim. Let’s take a look at some of the scenarios that could constitute a premises liability claim.

What the Law Requires

A claim for premises liability arises out of the duty of care. The principle of such action is that the occupier is responsible for the safety of those on the premises. To demonstrate premises liability, it is important to show that the owner failed to meet their duty and that their failure caused the injury. It must also be shown that the injury produced quantifiable damages.

How much care is owed depends on why the visitor was there. Invitees, such as store customers, get the highest duty of care. Property owners must inspect the premises and make necessary repairs for any visible hazards. If a hazard cannot be fixed in time for the visit, owners should give out a warning. Licensees, such as social guests, should receive warnings about known dangers that are not obvious. Trespassers are owed a minimal duty. A growing number of states have dropped the invitee-licensee distinction and apply one reasonable care standard to every lawful visitor.

Slip and Fall: The Most Frequent Claim, Not the Only One

According to Ohio premises liability lawyer Mark S. Gervelis, Esq., if the harm you have suffered on a particular property was caused by the careless or negligent act of the owner, you might be able to file a premises liability claim. Most premises liability claims arise from slips, trips, or falls, but these are not the only incidents covered by this type of claim. This claim can also include dog bite incidences, insufficient security, pool incidents, construction problems, and so on.

Notice Is the Central Question

If there is a wet floor, broken step, dark stairwell, or pothole in a lot, then the claim of premises liability can be made. One aspect that accident victims usually inquire about is whether the property owner sent a notice about the existence of hazards on their premises to relevant parties. Did the owner know about the hazard or have enough time to find it through reasonable inspection? A spill that was seconds old is treated very differently from a puddle that has formed under the same leak for months.

The Open and Obvious Defense

Owners routinely argue the hazard was open and obvious. Injury assessors agree that the open and apparent nature of a danger will constitute the defining element of a case under scrutiny but this analysis can still be affected by factors such as poor illumination or overcrowding.

Negligent Security

When it comes to a garage with a track record of attacks, malfunctioning lighting, and inadequate security officers provided, one cannot mistake such an incident as a rare one. Courts exercise their judgment based on foreseeability. Prior incidents always provide the most convincing evidence of foreseeability. For example, a poorly lit hotel with several police reports on record about similar incidences on its stairwells can be made liable for harms that befall guests at that particular location. Incident reports, police calls, and ignored security assessments establish what the owner knew.

Attractive Nuisance

This distinction matters for any owner with a pool, a trampoline, or construction equipment on site. Children do not get minimal protection, unlike adult trespassers. An owner can be liable for injuries to child trespassers when these four things line up:

The property holds a condition likely to attract children too young to see the risk.
The owner knows or should know that children may trespass.
The danger outweighs the condition’s utility.
The owner takes no reasonable precautions.

Other Recurring Scenarios

Dog bites. Liability follows an owner who knew the animal was aggressive. Some states apply strict liability regardless.
Pool accidents. The owners must maintain non-slip surfaces, depth markings, fencing, and supervision.
Elevator and escalator failures. A malfunction following documented service calls is strong evidence of notice and breach.

Code violations. A fire safety, structural, or occupancy violation that contributes to an injury can support negligence per se on its own.

The Duty Does Not Scale With How Small the Hazard Looked

Most of these claims start with something the owner saw as a work order. These elements may include a missing handrail, a spill, or a burned-out bulb. Add a serious injury and each becomes a question of reasonable care.

Facts matter more than rules. Documenting the condition, preserving evidence, and pinning down what and when the owner knew of the hazard are the elements that influence how much a claim recovers. Immediate action should be taken if anyone is hurt on someone else’s property since witnesses’ memories may fade and surveillance footage may be erased.

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