What Is Premises Liability?

James Wong — Founder & Pharmacist, LienScripts | April 19, 2024 | 6 min read

Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. Slip-and-falls, inadequate security, and dangerous property features are common premises liability claims — and they generate the same pharmacy lien needs as other serious injury cases.

This post is for informational purposes only and does not constitute legal advice.

The Legal Duty to Maintain Safe Property

Premises liability is the area of personal injury law that holds property owners and occupiers legally responsible for injuries that occur on their property due to unsafe conditions. When a property owner knows — or should know — about a dangerous condition and fails to fix it or warn visitors, they may be liable for any injuries that result.

Slip-and-falls are the most common form of premises liability claim, but the category is broader: negligent security, inadequate lighting, defective stairs, swimming pool accidents, falling objects, and dangerous property features all fall under the premises liability umbrella.

[!KEY] Premises liability holds property owners responsible for injuries from unsafe conditions on their property — the most contested element is typically "notice," meaning the owner knew or should have known about the hazard before the injury occurred.

Who Owes a Duty and to Whom

California follows a general negligence standard for premises liability, established in Rowland v. Christian (1968). Property owners and occupiers owe a duty of reasonable care to all persons on their property. The extent of that duty is determined by several factors, including:

• The foreseeability of harm from the dangerous condition.
• The burden on the owner to fix the condition vs. the likelihood and severity of harm.
• Whether the injured person was a trespasser, licensee, or invitee.

Invitees (customers, guests invited onto the property) receive the highest duty of care. Licensees (social guests) receive a somewhat lesser duty. Trespassers receive the lowest duty, though property owners cannot willfully or wantonly injure even a trespasser.

Common Premises Liability Scenarios

Slip-and-fall accidents. A customer slips on a wet floor in a grocery store. A visitor falls on a cracked sidewalk outside a business. Slip-and-falls are the most litigated form of premises liability and often involve soft tissue injuries, fractures, and head trauma.

Trip-and-fall accidents. Uneven pavement, raised thresholds, broken stairs, and poorly maintained walkways cause trip-and-falls — often resulting in wrist fractures, knee injuries, and hip fractures (particularly among elderly plaintiffs).

Negligent security claims. A property owner fails to maintain adequate lighting, security cameras, locks, or security personnel in a high-crime area, and a visitor is assaulted. The property owner may be liable for the assault if the lack of security was unreasonably dangerous.

Swimming pool accidents. Property owners with pools owe a heightened duty to prevent drowning accidents, particularly involving children. California's pool barrier laws impose specific obligations.

Falling objects and structural failures. Merchandise that falls from shelves, ceiling panels, or structural elements that fail can give rise to premises liability claims.

Proving a Premises Liability Case

To succeed in a premises liability case, the plaintiff generally must prove:

1. Duty: The defendant owned, leased, or controlled the property.
2. Knowledge of the condition: The defendant knew or should have known about the dangerous condition. (For slip-and-falls, this often requires proving the hazard existed long enough that reasonable inspection would have revealed it.)
3. Breach: The defendant failed to fix the condition or provide adequate warning.
4. Causation: The dangerous condition caused the plaintiff's injuries.
5. Damages: The plaintiff suffered compensable harm.

Knowledge of the condition — the "notice" requirement — is often the most contested element in premises liability cases. Surveillance footage, maintenance records, and incident reports are critical evidence.

Injuries in Premises Liability Cases

[!KEY] Hip fractures and spinal injuries from slip-and-falls — particularly in elderly patients — frequently require opioid analgesics, anticoagulants for DVT prophylaxis, and post-surgical medications, creating a pharmacy lien profile that must be carefully documented to distinguish injury-related costs from pre-existing chronic condition management.

Premises liability injuries often require the same pharmaceutical treatment as motor vehicle accident injuries. Slip-and-falls, particularly among elderly patients, frequently result in:

• Hip fractures requiring surgical repair and post-operative pain management.
• Wrist fractures requiring orthopedic care and analgesics.
• Knee injuries requiring anti-inflammatory medications and sometimes surgery.
• Soft tissue injuries requiring muscle relaxants, NSAIDs, and physical therapy.
• Head injuries requiring neurological evaluation and potentially TBI medications.
• Spinal injuries requiring nerve pain medications and long-term pain management.

For patients without health insurance coverage for their injury medications, a pharmacy lien from LienScripts ensures uninterrupted prescription access throughout their recovery — with the lien paid from the eventual premises liability settlement. See our post on slip-and-fall injury medications for more on common treatment needs.

[!NOTE] Pharmacy liens work identically for premises liability cases as for car accidents — if your slip-and-fall injury requires prescription medications and you cannot afford them out of pocket, a pharmacy lien through LienScripts provides access with payment deferred to your settlement.

Pharmacy Liens in Premises Liability Cases

Premises liability cases are treated the same as motor vehicle accident cases under LienScripts' pharmacy lien program. The injured patient's prescriptions are covered on credit, with a lien attaching to the eventual premises liability recovery. The LSR and MERIT report document the pharmaceutical treatment course and support the special damages claim in the demand against the property owner's insurer.

For elder patients — who are disproportionately affected by slip-and-fall injuries — polypharmacy and pre-existing conditions create additional complexity. See our post on elderly slip-and-fall injuries and pharmacy liens for detailed guidance.

Key Takeaway

[!KEY] Surveillance footage and maintenance records that establish how long a hazard existed before the fall are the most important evidence for the "notice" element — without proof the owner knew or should have known, even a clearly dangerous condition may not be compensable.

Premises liability holds property owners responsible for injuries caused by unsafe conditions on their property. Slip-and-falls, trip-and-falls, and negligent security are the most common forms. The injuries frequently require the same pharmaceutical treatment as car accident injuries, and pharmacy liens apply identically — providing uninterrupted medication access secured against the future premises liability recovery.