Quality Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Quality Magazine logo
  • NEWS
  • PRODUCTS
    • FEATURED PRODUCTS
    • SUBMIT YOUR PRODUCT
  • CHANNELS
    • AUTOMATION
    • MANAGEMENT
    • MEASUREMENT
    • NDT
    • QUALITY 101
    • SOFTWARE
    • TEST & INSPECTION
    • VISION & SENSORS
  • MARKETS
    • AEROSPACE
    • AUTOMOTIVE
    • ENERGY
    • GREEN MANUFACTURING
    • MEDICAL
  • MEDIA
    • A WORD ON QUALITY PUZZLE
    • EBOOK
    • PODCASTS
    • VIDEOS
    • WEBINARS
  • EVENTS
    • EVENT CALENDAR
    • IMTS
  • DIRECTORIES
    • BUYERS GUIDE >
      • Supplier Insights
    • NDT SOURCEBOOK
    • VISION & SENSORS
    • TAKE A TOUR
  • INFOCENTERS
    • Digital Quality Management Systems
    • NEXT GENERATION SPC & QUALITY ANALYTICS
  • AWARDS
    • ROOKIE OF THE YEAR
    • PLANT OF THE YEAR
    • PROFESSIONAL OF THE YEAR
  • MORE
    • Expert Columns
    • NEWSLETTERS
    • QUALITY STORE
    • INDUSTRY LINKS
    • SPONSOR INSIGHTS
  • EMAG
    • eMAGAZINE
    • ARCHIVES
    • CONTACT
    • ADVERTISE
  • SIGN UP!
Management

Legal Insight

Preventing Premises Liability

Inspecting for dangerous conditions can improve profitability.

By Bryan Berson
October 8, 2013

Property owners should try to prevent accidents and lawsuits. Proactively inspecting for dangerous conditions, repairing them, and implementing record keeping procedures can reduce legal fees and damage awards, slow increases of insurance premiums, and improve profitability.

Most premises liability claims are negligence claims against property owners. A plaintiff must prove that the (1) owner owed him a duty of care, (2) owner breached that duty, and (3) the breach was the foreseeable cause of an injury.

The nature of the owner’s duty depends on the plaintiff’s status (i.e., invitee, licensee, trespasser). An invitee is a member of the general public (e.g., a customer) who has the owner’s invitation to enter or use the premises. Owners owe invitees a duty of reasonable and ordinary care. Owners must reasonably inspect the premises and warn invitees of dangerous conditions.

A discussion of licensees is beyond the scope of this column, but essentially, they are permitted onto the property for specific purposes and are owed a duty similar to the one owed to invitees. Usually, an owner does not owe a duty to trespassers, but to prevent unnecessary problems, owners should try to restrict their access.

An injured person does not necessarily have a valid negligence claim. An owner who has met its standard of care by fulfilling its duty is not negligent. A plaintiff must prove that the owner knew about the condition and failed to warn invitees or remedy the problem. Owners have actual notice when they or one of their agents sees it or receives notice of the condition. Where a condition has existed for a long time and the owner should have known about it, the owner has constructive or implied notice.

Highly-trafficked commercial buildings have “transient” conditions that go into and out of existence. For example, puddles of water evaporate or are mopped up. Litter is swept up or blows away. An owner can’t be expected to maintain a round the clock cleaning crew or watch every inch of space all the time. Transient will always exist. If a customer in a shopping mall food court spills a drink and another customer slips on it a moment later, it is almost impossible that one of the owner’s agents could have noticed the spill or cleaned it. Thus, the owner would not have breached its duty.

Owners should adopt a complaint procedure and encourage tenants and invitees to log dangerous conditions. Complaints should be directed to and maintained in a central location. This enables the owner to address them efficiently and effectively. If a plaintiff alleges that he continually complained about a condition, the claims can be verified or refuted by reference to the formal complaint log.

Whenever a tenant requests work or lodges a complaint, the agent should create a work ticket to document it. If necessary, an employee or independent contractor should be assigned to address the issue. After it is addressed, the tenant and worker should sign the ticket. Later, this will prevent the plaintiff from alleging that the work did not occur or was unsatisfactory. By maintaining a computer file, the documentation can be maintained indefinitely. Landlords should maintain a folder for each tenant containing all relevant information including the lease or rental agreement, court documentation, the identity of the tenants’ bank and employer, police reports, correspondence with and about the tenant, and the tenant’s complaints and work requests.

Commercial property owners should clean the premises according to a regular schedule. If the company has an employee manual or handbook, it should contain cleaning and inspection duties and procedures. If a worker discovers a dangerous condition, if possible, he should watch the site and call a colleague (e.g., by cell phone) to bring cleaning supplies or a sign (such as a wet floor sign) to notify people of the danger. Well-maintained cleaning and inspection logs can prevent accidents and help prove owners were not negligent.

 Editor’s note: This column does not constitute legal advice. 

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Bryan L. Berson, Esq. is an attorney and mediator at The Berson Firm, P.C., a commercial and civil law firm specializing in business law, real estate, mediation and litigation. His e-mail is [email protected]. Connect with The Berson Firm on Facebook and Bryan on LinkedIn.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • 2024 Quality Rookie of the Year Justin Wise 1440x750px banner with "Quality Rookie of the Year" logo inset

    Meet the 2024 Quality Rookie of the Year: Justin Wise

    Justin Wise is an exceptional individual who has been...
    Aerospace
    By: Michelle Bangert
  • Man with umbrella and coat stands outside while it rains at night looking at a building.

    Nondestructive Testing: Is there an ethics problem?

    I was a whistleblower who exposed fraudulent activities...
    NDT
    By: Dale Norwood
  • Unraveling Deflategate: Football stadium with closeup of football on field

    Unraveling the Tom Brady Deflategate

    The Deflategate scandal erupted following the 2014 AFC...
    Measurement
    By: Greg Cenker and Henry Zumbrun
Manage My Account
  • eMagazine Subscriptions
  • Newsletters
  • Online Registration
  • Subscription Customer Service
  • Manage My Preferences

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Quality audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Quality or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Key Takeaways for Quality Leaders
    Sponsored byComplianceQuest

    Key Takeaways for Quality Leaders from the 2026 Gartner Magic Quadrant™ for QMS

  • This image shows a person seated next to a Bobcat T66 compact track loader.
    Sponsored byPolyWorks by InnovMetric

    Supercharging Digital Gauging at Bobcat North America

  • Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios
    Sponsored byDorsey Metrology International

    Ensuring Product Quality in a Competitive Manufacturing Landscape

Popular Stories

a titanium diaphragm speaker driver

The One Thing Elon Gets Right Is Designed to Scare You

This image shows a person seated next to a Bobcat T66 compact track loader.

Supercharging Digital Gauging at Bobcat North America

Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios

Ensuring Product Quality in a Competitive Manufacturing Landscape

2026 Quality Professional of the Year!

Events

June 9, 2026

Future-Proof your Quality Processes with Advanced 3D Optical CMM Technology

Discover how to effortlessly capture complex data, leverage true multi-sensor automation, and ensure continuous operation without creating inspection delays.

June 22, 2026

Automate 2026

Automate is North America's largest robotics and automation event — and the best place to take your ideas from insight to impact.
 
Our show floor features the world’s leading automation solutions, from AI and robotics to motion control, vision systems, and more. Plus, our educational conference is second to none, led by the brightest minds in automation today.
 
Ready to transform the way you work? Take the next step at Automate.
View All Submit An Event

Products

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

See More Products
Quality Podcast Channel Custom Content

Related Articles

  • Accidents Happen

    See More
  • Corporate Governance

    See More
  • Contractor Agreements and Accident Reports

    See More
×

Stay in the know with Quality’s comprehensive coverage of
the manufacturing and metrology industries.

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Market Research
    • Reprints
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing