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Who Is Legally Liable For Dangerous Conditions on Property?

PREMISES LIABILITY LAW DOES NOT APPLY ONLY TO OWNERS OF PROPERTY.

Premises liability law creates duties, rights, and remedies relating to real property and improvements on real property, like buildings, recreational equipment (e.g., swimming pools), and certain kinds of landscaping.

The potential liability associated with premises liability applies to any person (including corporations and other legal entities) upon whom the law imposes a duty to keep property and improvements safe. This obviously includes the person (or entity) that owns the land, but can also include others, such as property managers and even tenants.

PREMISES LIABILITY LAW GENERALLY APPLIES TO PEOPLE OR ENTITIES THAT HAVE RIGHTS OF OWNERSHIP, POSSESSION, AND/OR CONTROL OVER REAL PROPERTY.

Any person who exercises ownership, possession, or control over real property (or improvements on real property) may, in appropriate circumstances, be held liable under premises liability law. The law does not only apply to the property owner. Many people mistakenly believe that if they don’t own the property, they cannot be held liable for the property’s condition or for injuries that occur to people who enter upon or cross the land. In reality, people who exercise possession or control over property can often be held liable under premises liability law if the property is managed or maintained in a negligent manner and someone is injured or property damaged as a result.

While not all injuries that occur on property trigger liability under premises liability law, and not every person who possesses, manages, or controls real property will be held liable in 100% of the cases, people should not consider themselves immune from premises liability obligations simply because someone else’s name is on the title deed.

If you own, manage, lease, or otherwise exercise possession or control over real property, learn your rights and legal obligations. Consult an attorney to determine the extent of your obligations for inspection, repair, and control of the property and your duty (if any) to post warning signs and mitigate dangerous conditions to prevent harm or injury to others. If you overlook your legal responsibilities, you may find yourself liable if someone is injured on the property you own, lease, or control

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Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR OR ROSS LAW AND ANY PERSON. Your rights and experiences may vary. Never use an online article (including this one) to evaluate your legal claims. Speak with an experienced lawyer promptly to obtain a personalized evaluation of your claims, possible damages, and options. You may lose or compromise your rights if you delay in consulting legal counsel. Most legal claims (and defenses) are complicated and fact-dependent. If you believe you have a claim against someone who injured you, a lawyer who represented you in a previous lawsuit, or any other type of legal claim, consult an experienced lawyer immediately for an evaluation of your personal rights and claims.

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