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Premises Liability

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Landlords and Tenants

Landlords or occupiers of premises (the person who has control over a premises, if not the owner) have an obligation to take reasonable care to maintain and repair premises so as to avoid injury or damage to those who use the premises. 

Factors to be taken into account when considering whether a premises is safe include:

  • the seriousness of the risk of danger and the likelihood of the danger occurring
  • the degree of difficulty of eliminating the danger
  • the nature of the premises
  • the circumstances of peoples’ entry onto the premises
  • the knowledge that the occupier has or should have about the likelihood that people come onto or use the property
  • the age of the persons entering the premises
  • the ability of the persons entering the premises to appreciate the danger
  • whether a person entering the premises is intoxicated and the level of intoxication
  • whether a person entering the premises is doing something illegal

A landlord has a duty to ensure that a premises is reasonably fit for the purpose for which it is let and to keep a property in reasonable repair. A landlord is not, however, required to ensure a property is at all times perfectly safe.

This is because the landlord does not have day to day control over the property, the tenant does, and so the landlord cannot be aware of every risk that arises unless informed of it by the tenant and given a reasonable amount of time to carry out repairs.  

A landlord can only be held liable for risks that he or she knows about or suspects, or that should have been detected by a reasonable inspection of the premises by the landlord.

If you have been injured on another’s premises and you would like more information about how we can help, contact us today.