A premises liability attorney is a lawyer specializing in the area of the law pertaining to legal responsibility for incidents that happen on a premises like a business. Premises liability is part of civil law, and includes topics like maintaining safe environments and responsibilities for injuries incurred on a person's premises. Attorneys who specialize in this subject can apply their knowledge in a number of different ways, from assisting people with lawsuits related to premises liability issues to advising insurance companies on writing comprehensive policies for people seeking premises liability insurance.
Attorneys with this specialty have usually taken additional classes while in law school and focused on civil wrongs, also known as torts, in their legal educations. They acquire experience in a law practice so they are familiar with regional laws and may work under mentors with extensive years of practice under their belts. Going to a premises liability attorney can provide people with access to a high degree of experience and training not available to a more general civil attorney.
In court, a premises liability attorney can represent a plaintiff suing over a liability issue like an improperly maintained facility, or can represent a defendant answering to charges. Depending on the side the attorney represents, a variety of tactics may be used in court to win the case. Attorneys debate who bears responsibility for accidents and incidents and the amount of appropriate compensation in cases where a clear fault can be assigned. A common form of premises liability suit is a “slip and fall,” based on injuries caused when someone falls. The plaintiff will attempt to argue that there was a hazard like a spill or a poorly maintained floor, while the premises liability attorney working for the defense may claim that the plaintiff knew about the hazard and behaved recklessly, or that the situation was not actually hazardous.
Outside of court, premises liability attorneys can act as consultants for people who want to address liability issues in homes, businesses, and other facilities. The attorney can examine the site to see if there are any potential problems, and make recommendations, ranging from making areas with wet floors inaccessible and labeling them as dangerous to changing the design or layout of a business to address potential liability traps. While an attorney cannot identify every possible problem, obvious red flags can be addressed to limit liability.
Attorneys can also be involved in the development of legal contracts relating to premises liability, including insurance contracts and leases. Liability insurance is often strongly recommended to people who own property, to provide compensation in the event that a problem occurs and a lawsuit is brought. A premises liability attorney can write and review such policies for clarity.
