Exceptions to Premises Liability

When a person invites others onto his or her properly, either directly (by asking them) or implicitly (by starting a business and opening it to the public, for example), they have a responsibility to their guests to insure a reasonable level of safety. Sometimes people do not maintain their property well or fail to adequately warn their guests about certain risks, and a guest becomes injured. If that guest chooses to file a claim against the negligent property owner, this is called a premises liability suit.

There are some circumstances, however, under which a property owner is not considered responsible for certain injuries. They are:

• When the guest was actually a trespasser on the property. For reasons that are probably obvious, if you are on another person’s property without their permission, they are generally not responsible for your safety.
• When the guest was adequately warned about specific dangers. For example, you may visit a friend’s ranch to go horseback riding. If your friend explains all the risks of working with horses, and you choose to accept those risks, your friend is not legally responsible for any injuries you receive while riding. (On the other hand, if there is a particular risk or necessary precaution that your friend failed to tell you about, they could still be liable.)
• If the property owner could not reasonably have foreseen the injury. The definition of "reasonable" relies heavily on the judge or jury and what is considered normal where they live. Persuading others that a property owner should have known about a certain risk can take a skilled attorney.

If you have been injured while visiting poorly maintained property, you need to speak to a good attorney. Contact Madison premises liability attorneys Habush, Habush & Rottier at 608-255-6663.