Premise Liability and Duty Owed to Business Invitees

A premise liability action is a negligence action. As with any negligence action, a focus is on the duty the defendant (the landowner or possessor of real property) owes to the plaintiff. In a premise liability action, a focus is on the duty an owner or possessor owes to an invitee. An owner owes two duties to a business invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of dangers of which the owner has or should have knowledge and which are unknown to the invitee and cannot be...

08 August

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Premise Liability Claims and Case Example of Slip on Uneven Floors

Posted by David Adelstein

in Trial Perspectives

In premises liability cases, the plaintiff must show the defendant had actual or constructive notice of the dangerous condition on its premises, the defendant owed a duty to protect the plaintiff from the dangerous condition, the defendant breached that duty, there was a causal connection between the defendant's breach and the plaintiff's fall, and the plaintiff suffered damages as a result. “[A] business owner owes two ‘separate and distinct' duties to business invitees: ‘1) to warn of concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through...