Premises Liability

Pronunciation: PREM-ih-sez ly-uh-BIL-ih-tee

Torts › Premises Liability

Definition

A landowner's or occupier's liability for injuries occurring on their property. The duty of care owed depends on the plaintiff's status: invitee (highest duty - inspect, warn, and make safe), licensee (duty to warn of known dangers), or trespasser (duty only to refrain from willful/wanton conduct). This status-based framework is the traditional rule tested on the MBE. CALIFORNIA applies a single reasonable-care standard to all entrants (Rowland v. Christian, 1968; Civ. Code § 1714); the entrant's status bears on foreseeability but is not dispositive.

Related terms

• Premises Liability - Invitee Duty — Land possessor owes invitees duty to inspect premises and make safe or warn of non-obvious dangerous conditions. Invitee…
• Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…
• Attractive Nuisance — Doctrine imposing duty on land possessor to protect child trespassers from dangerous artificial conditions likely to attract children.…
• Special Relationship Duty — Heightened duty of care arising from special relationships where one party has control over another or undertakes to…

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