What Is Premises Liability? Slip and Fall Law Explained
Premises liability is the part of injury law that decides when a person who owns, rents or controls property is responsible for injuries caused by unsafe conditions there, such as a spill, a broken step or ice. It is state law, so the rules differ: some states use one reasonable-care standard for every lawful visitor, while others set the owner's duty by whether the visitor was an invitee (such as a customer), a licensee (such as a social guest) or a trespasser. In most states the injured person must show the owner knew or should have known of the danger, and the injured person's own share of fault can reduce or bar recovery. The examples below are labelled by state; see your state's slip and fall page for its rules.
What the law says
- Falls are common: the CDC says more than one out of four older people falls each year, and about 37% of those who fall reported an injury that required medical treatment or restricted their activity. CDC, Older Adult Falls: Facts and Stats
- Example (California): a person who owns, leases, occupies or controls property must use reasonable care to keep it reasonably safe, to discover unsafe conditions, and to repair, replace or adequately warn. To prove an unsafe-condition claim, the injured person must show the condition created an unreasonable risk of harm, the owner knew or with reasonable care should have known about it, the owner failed to fix it, protect against it or warn, and this was a substantial factor in causing the harm. Judicial Council of California Civil Jury Instructions (CACI) Nos. 1000, 1001, 1003 (2026 ed.)
- Example (Colorado): the Premises Liability Act sets different duties by the visitor's status, which the judge decides. A trespasser may recover only for damage the landowner caused willfully or deliberately; a licensee (including a social guest) for the landowner's unreasonable failure to use care about dangers it created and actually knew about, or to warn of unusual dangers it actually knew about; and an invitee for the landowner's unreasonable failure to use reasonable care against dangers it actually knew or should have known about. C.R.S. § 13-21-115
- Example (Illinois): the Premises Liability Act abolished the common-law distinction between invitees and licensees, and the duty owed to people lawfully on the property is reasonable care under the circumstances. The pattern instruction's comment notes the owner must have actual or constructive notice of the dangerous condition and generally has no duty to warn of open and obvious conditions, subject to the 'distraction' and 'deliberate encounter' exceptions. Illinois Pattern Jury Instructions (Civil) Nos. 120.02, 120.03 and 120.00 Introduction (quoting Premises Liability Act § 2)
- Example (Texas): the duty depends on the visitor's status. For an invitee such as a store customer, the owner can be liable if it knew or reasonably should have known of the dangerous condition; a licensee must prove the owner actually knew of an unreasonably dangerous condition. The Supreme Court of Texas restated these rules in a 2024 slip-and-fall case. Albertsons, LLC v. Mohammadi, No. 23-0041 (Tex. Apr. 5, 2024) (per curiam); Tex. Civ. Prac. & Rem. Code § 101.022(a)
- Example (Florida): if a person slips and falls on a 'transitory foreign substance' (for example a spill) in a business, the injured person must prove the business had actual or constructive knowledge of the condition and should have acted to fix it. Constructive knowledge can be shown by evidence that the condition existed long enough that the business should have known of it, or that it happened regularly and was foreseeable. Fla. Stat. § 768.0755
- Example (Louisiana): a merchant must use reasonable care to keep aisles, passageways and floors reasonably safe. A person who falls in a store must prove the condition was an unreasonable and foreseeable risk, that the merchant created it or had actual or constructive notice of it beforehand, and that the merchant failed to use reasonable care. La. R.S. 9:2800.6; La. Civ. Code arts. 2317.1, 2322
- Example (New Jersey): an owner or occupier must use reasonable care to make the premises reasonably safe for an invitee, including reasonable inspections. An injured invitee generally must show actual or constructive notice of the unsafe condition, with exceptions such as conditions the owner created and the 'mode of operation' rule for self-service businesses. A licensee or social guest must be warned of dangerous conditions the owner actually knows about and the guest does not, and an adult trespasser is owed only a duty not to be willfully injured. N.J. Model Civil Jury Charge 5.20F (rev. 11/2022)
- Example (Ohio): visitors are still sorted into invitees, licensees and trespassers. Business invitees are owed ordinary care and a warning of hidden dangers; licensees and trespassers are owed only a duty not to be injured by willful, wanton or reckless conduct. Under the open-and-obvious doctrine, an owner owes no duty to lawful visitors regarding dangers that are open and obvious. Gladon v. Greater Cleveland Regional Transit Auth., 75 Ohio St.3d 312, 1996-Ohio-137; Armstrong v. Best Buy Co., 99 Ohio St.3d 79, 2003-Ohio-2573
- Example (West Virginia): by statute, a property owner, lessee or other lawful occupant owes no duty to protect others against dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the owner, and is not liable for injuries from those dangers. W. Va. Code § 55-7-28
- Example (New Mexico): an owner or occupant owes a visitor the duty to use ordinary care to keep the premises safe for the visitor's use, and this duty applies whether or not a dangerous condition is obvious. The owner is treated as knowing of any condition a reasonable inspection would have revealed. N.M. UJI-Civil 13-1318 NMRA (approved Oct. 31, 2025)
- Example (Wisconsin): the 'safe place' statute requires every employer and every owner of a place of employment or a public building to build, repair and maintain it so it is safe, and requires employers to make places of employment safe for employees and for 'frequenters' such as customers and other visitors. Wis. Stat. § 101.11(1), (2)(a)
FAQ
What does an injured person usually have to prove in a premises liability case?
Under California's official jury instructions, for example, the injured person must show that a condition on the property created an unreasonable risk of harm, that the owner knew or with reasonable care should have known about it, that the owner failed to fix it, protect against it or warn, and that this was a substantial factor in causing the harm. Other states use similar elements, but details differ; see your state's slip and fall page.
What is the difference between an invitee, a licensee and a trespasser?
Many states use these categories to set the owner's duty. In Colorado's Premises Liability Act, an invitee is someone there on business or because the public is invited, a licensee includes a social guest, and a trespasser may recover only for willful or deliberate harm. Utah's model jury instructions describe an invitee as a business customer or someone on property held open to the public and a licensee as someone present with permission. Some states, such as California, Illinois and New Mexico, do not divide lawful visitors this way.
Is a store responsible for every spill I slip on?
Not automatically. In Florida, a person who slips on a transitory foreign substance in a business must prove the business had actual or constructive knowledge of it. In Louisiana, the person must prove the merchant created the condition or had actual or constructive notice and failed to use reasonable care. New Jersey's model jury charge recognizes a 'mode of operation' exception for self-service businesses.
What if the hazard was obvious?
It depends on the state. Ohio's open-and-obvious doctrine means no duty for open and obvious dangers, and West Virginia has a statute to the same effect. Illinois generally imposes no duty to warn of open and obvious conditions, with 'distraction' and 'deliberate encounter' exceptions. New Mexico's jury instruction says the owner's duty applies whether or not the condition is obvious.
What if I was partly at fault for my fall?
States handle this differently. Washington uses pure comparative fault: your own fault reduces your damages but does not bar recovery. Pennsylvania uses modified comparative negligence: you can recover only if your negligence was not greater than the combined negligence of the defendants, and your damages are reduced by your share.
Does premises liability apply to trespassers?
Only in limited ways. Oklahoma's statute says a landowner has no duty to make the premises safe for a trespasser, but once it knows or reasonably should know a trespasser is present it must not injure the trespasser by a wanton or intentional act, and there is an exception for children hurt by highly dangerous artificial conditions that are unusually attractive to children. New Jersey owes an adult trespasser only a duty not to be willfully injured.
Related
- Fell Down Stairs on Someone's Property: Who Is Liable?
- Fell at Your Apartment Complex? When the Landlord Is Liable
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Injured Because a Landlord Didn't Make Repairs: Your Rights
- Fell in a Parking Lot: Who Is Responsible?
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.