What is a premises liability claim?

A premises liability claim is a type of legal action that is taken when someone suffers an injury as a result of hazardous conditions on someone else’s property. This type of action falls under the umbrella of South Dakota slip and fall law. If the property owner or someone in control of the property should have been aware of the dangerous conditions and failed to warn visitors, or take corrective action to make the property safe, then they can be found liable for premises liability. The four primary elements needed to prove a premises liability claim include: 1. The defendant had a duty of care; 2. The defendant breached that duty of care; 3. The breach of duty caused an injury; and 4. The injury caused damages. In order to prove that the defendant had a duty of care, it must be shown that the defendant either owned or controlled the property. Control of the property can include activities such as maintenance, repairs, or inspections; or the defendant may have had authority to control activities on the property. It must also be proven that the defendant breached that duty of care, such as by failing to repair dangerous conditions in a timely manner; or by failing to provide warning of a dangerous condition when the defendant knew or should have known the condition existed. Finally, it must be shown that the breach of duty caused an injury to the plaintiff and that the plaintiff suffered damages as a result of the injury. Damages can include both physical injury as well as emotional or psychological injury such as fear or distress.

What is a premises liability claim?

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