Premises Liability Defense

Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. When you are the person that is responsible for those injuries, you need an expert in premises liability defense. For decades, premises liability defense has been a specialty at the law firm of Shook, Hardy & Bacon L.L.P. (SHB).

State laws for premises liability can vary. Although some premises liability cases, such as "slip and fall" cases, appear cut and dry, in some states the law favors the premises owner. We are licensed to practice in every state and the District of Columbia, and we are qualified to prepare your premises liability defense regardless of your location.

Before we can begin to build your premises liability defense, under the premises liability law of most jurisdictions, it is necessary to determine if the injured party was an "invitee," a "licensee" or a "trespasser." An invitee is person who is invited to enter or remain on the premises for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected with business dealings with the possessor. An invitation may be either express or implied.

A licensee is a person who is invited to enter or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is considered to be a licensee, not an invitee.

A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. It is typically not necessary for a defendant to establish that the trespasser had unlawful intent in making such an entry.

Once the injured party is identified correctly, your attorney can begin to formulate your premises liability defense. To learn more about how our team will handle your premises liability defense, contact us today.