Slip & Fall
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Understanding Slip and Fall Law
Premises liability law holds the person or entity in possession of land or property responsible for certain injuries that occur on that property. While “slip and fall” cases may seem straightforward, in many states, the law often favors property owners. For this reason, it’s important to consult a premises liability attorney when navigating these cases.
Understanding Slip and Fall Law
Premises liability law holds the person or entity in possession of land or property responsible for certain injuries that occur on that property. While “slip and fall” cases may seem straightforward, in many states, the law often favors property owners. For this reason, it’s important to consult a premises liability attorney when navigating these cases.
Understanding Slip and Fall Law
Premises liability law holds the person or entity in possession of land or property responsible for certain injuries that occur on that property. While “slip and fall” cases may seem straightforward, in many states, the law often favors property owners. For this reason, it’s important to consult a premises liability attorney when navigating these cases.
Understanding Slip and Fall Law
Premises liability law holds the person or entity in possession of land or property responsible for certain injuries that occur on that property. While “slip and fall” cases may seem straightforward, in many states, the law often favors property owners. For this reason, it’s important to consult a premises liability attorney when navigating these cases.
Slip & Fall Law
What is Possession of Premises?
What is Possession of Premises?
In the context of premises liability, a person is considered to be in possession of land or property when:
They occupy the land with the intent to control it;
They previously occupied the land with intent to control it, and no one else has since done so; or
They are legally entitled to immediate occupancy, and no one else is currently in possession.
What is Possession of Premises?
In the context of premises liability, a person is considered to be in possession of land or property when:
They occupy the land with the intent to control it;
They previously occupied the land with intent to control it, and no one else has since done so; or
They are legally entitled to immediate occupancy, and no one else is currently in possession.
Why the Plaintiff’s Status Matters: Invitee, Licensee, or Trespasser
The legal duty of care a property owner owes depends on the classification of the injured person:
Invitee
An invitee is someone invited onto the premises for a commercial purpose that benefits the property owner (e.g., a customer in a store). This category carries the highest duty of care.
A property owner must:
Exercise ordinary care to warn or protect invitees from unreasonable risks;
Know, or through reasonable inspection should know, about dangerous conditions;
Periodically inspect for hazards (e.g., spilled liquids in a grocery store).
If these conditions are not met, and an injury occurs, an invitee may be entitled to compensation—with the help of a premises liability attorney.
Licensee
A licensee is someone invited onto the premises for non-commercial purposes, such as a social guest.
A property owner may be liable for injuries if:
They knew (or should have known) about the dangerous condition and that the licensee would likely not discover it;
They failed to warn the licensee or make the condition safe;
The licensee was unaware of the danger.
Example: A homeowner who knows a basement step is broken may be liable if a guest is injured without any warning.
Trespasser
A trespasser enters the property without permission or legal right and for their own purpose—not for the benefit of the property owner.
Generally, owners owe no duty to protect unknown trespassers. However, if a property owner is aware of a trespasser’s presence, they may have a duty to exercise ordinary care in certain situations. A premises liability attorney can help assess liability in these nuanced cases.
Why the Plaintiff’s Status Matters: Invitee, Licensee, or Trespasser
The legal duty of care a property owner owes depends on the classification of the injured person:
Invitee
An invitee is someone invited onto the premises for a commercial purpose that benefits the property owner (e.g., a customer in a store). This category carries the highest duty of care.
A property owner must:
Exercise ordinary care to warn or protect invitees from unreasonable risks;
Know, or through reasonable inspection should know, about dangerous conditions;
Periodically inspect for hazards (e.g., spilled liquids in a grocery store).
If these conditions are not met, and an injury occurs, an invitee may be entitled to compensation—with the help of a premises liability attorney.
Licensee
A licensee is someone invited onto the premises for non-commercial purposes, such as a social guest.
A property owner may be liable for injuries if:
They knew (or should have known) about the dangerous condition and that the licensee would likely not discover it;
They failed to warn the licensee or make the condition safe;
The licensee was unaware of the danger.
Example: A homeowner who knows a basement step is broken may be liable if a guest is injured without any warning.
Trespasser
A trespasser enters the property without permission or legal right and for their own purpose—not for the benefit of the property owner.
Generally, owners owe no duty to protect unknown trespassers. However, if a property owner is aware of a trespasser’s presence, they may have a duty to exercise ordinary care in certain situations. A premises liability attorney can help assess liability in these nuanced cases.
Why the Plaintiff’s Status Matters: Invitee, Licensee, or Trespasser
The legal duty of care a property owner owes depends on the classification of the injured person:
Invitee
An invitee is someone invited onto the premises for a commercial purpose that benefits the property owner (e.g., a customer in a store). This category carries the highest duty of care.
A property owner must:
Exercise ordinary care to warn or protect invitees from unreasonable risks;
Know, or through reasonable inspection should know, about dangerous conditions;
Periodically inspect for hazards (e.g., spilled liquids in a grocery store).
If these conditions are not met, and an injury occurs, an invitee may be entitled to compensation—with the help of a premises liability attorney.
Licensee
A licensee is someone invited onto the premises for non-commercial purposes, such as a social guest.
A property owner may be liable for injuries if:
They knew (or should have known) about the dangerous condition and that the licensee would likely not discover it;
They failed to warn the licensee or make the condition safe;
The licensee was unaware of the danger.
Example: A homeowner who knows a basement step is broken may be liable if a guest is injured without any warning.
Trespasser
A trespasser enters the property without permission or legal right and for their own purpose—not for the benefit of the property owner.
Generally, owners owe no duty to protect unknown trespassers. However, if a property owner is aware of a trespasser’s presence, they may have a duty to exercise ordinary care in certain situations. A premises liability attorney can help assess liability in these nuanced cases.
Why the Plaintiff’s Status Matters: Invitee, Licensee, or Trespasser
The legal duty of care a property owner owes depends on the classification of the injured person:
Invitee
An invitee is someone invited onto the premises for a commercial purpose that benefits the property owner (e.g., a customer in a store). This category carries the highest duty of care.
A property owner must:
Exercise ordinary care to warn or protect invitees from unreasonable risks;
Know, or through reasonable inspection should know, about dangerous conditions;
Periodically inspect for hazards (e.g., spilled liquids in a grocery store).
If these conditions are not met, and an injury occurs, an invitee may be entitled to compensation—with the help of a premises liability attorney.
Licensee
A licensee is someone invited onto the premises for non-commercial purposes, such as a social guest.
A property owner may be liable for injuries if:
They knew (or should have known) about the dangerous condition and that the licensee would likely not discover it;
They failed to warn the licensee or make the condition safe;
The licensee was unaware of the danger.
Example: A homeowner who knows a basement step is broken may be liable if a guest is injured without any warning.
Trespasser
A trespasser enters the property without permission or legal right and for their own purpose—not for the benefit of the property owner.
Generally, owners owe no duty to protect unknown trespassers. However, if a property owner is aware of a trespasser’s presence, they may have a duty to exercise ordinary care in certain situations. A premises liability attorney can help assess liability in these nuanced cases.
Patrick Cadiz
Accident & Personal Injury Lawyer
Public Roads and Sidewalks
Property owners are typically responsible for keeping public sidewalks adjacent to their property safe and free from hazards. If someone is injured due to failure to maintain these areas, the property owner may be held liable. In such cases, it’s important to seek representation from a qualified premises liability attorney to either pursue compensation or mount a defense.
If you’ve been injured on someone else’s property or are a property owner facing legal action, contact the Law Offices of Patrick G. Cadiz, LLC today to speak with an experienced premises liability attorney.
Property owners are typically responsible for keeping public sidewalks adjacent to their property safe and free from hazards. If someone is injured due to failure to maintain these areas, the property owner may be held liable. In such cases, it’s important to seek representation from a qualified premises liability attorney to either pursue compensation or mount a defense.
If you’ve been injured on someone else’s property or are a property owner facing legal action, contact the Law Offices of Patrick G. Cadiz, LLC today to speak with an experienced premises liability attorney.
Find Us
Law Offices of Patrick Cadiz
100 SW Baseline Street
Hillsboro, OR 97123
USA
The information provided on this website by Law Offices of Patrick Cadiz is for general informational purposes only and does not constitute legal advice. All content is subject to change without notice.
Find Us
Law Offices of Patrick Cadiz
100 SW Baseline Street
Hillsboro, OR 97123
USA
The information provided on this website by Law Offices of Patrick Cadiz is for general informational purposes only and does not constitute legal advice. All content is subject to change without notice.
Find Us
Law Offices of Patrick Cadiz
100 SW Baseline Street
Hillsboro, OR 97123
USA
The information provided on this website by Law Offices of Patrick Cadiz is for general informational purposes only and does not constitute legal advice. All content is subject to change without notice.
Find Us
Law Offices of Patrick Cadiz
100 SW Baseline Street
Hillsboro, OR 97123
USA
The information provided on this website by Law Offices of Patrick Cadiz is for general informational purposes only and does not constitute legal advice. All content is subject to change without notice.