Premises Liability

Premises are a combination of land and buildings that are considered together as a property. A single house or a single other piece of property is still “premises” not “premise.” Any land owner is responsible for ensuring that guests are kept safe from certain injuries.

Premises liability law is the body of law that makes the person who owns the land or premises responsible for certain injuries that are suffered by persons who are present on the premises.

Many premises cases, like the “slip and fall” case set, seem simple. Unfortunately, state law in many areas now very much favors the premises owner. Because of this, it is typically a good idea to consult a legal authority before making any decisions.

Within premises liability, a person “possesses” land or premises when:

  • A person is in occupation of the land with the intent to control it;
  • A person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with the intent to control it; or
  • A person is entitled to immediate occupation of the land, if no other person is in possession as just defined

The premises liability law of the majority of jurisdictions makes it necessary to determine if the plaintiff or injured party was an “invitee,” a “licenses,” or a “trespasser.” The defendant’s duty to the plaintiff can vary significantly depends upon how the plaintiff is classified. In general, a defendant has the least responsibility to trespassers and the most to invitees.

Contact a Lake Geneva Premises Liability Lawyer

If you have been injured in an accident on a premises, contact the Lake Geneva premises liability lawyers of Habush Habush & Rottier S.C. ® at 1-800-275-1729 to discuss your legal situation and to determine the amount of responsibility to property owner had.