Inadequate Maintenance Leading to Premises Liability Lawsuits

Premises liability law generally requires property owners to keep their spaces reasonably safe for those who enter with permission. When injuries occur due to hazards that stem from inadequate maintenance, owners may be held liable for resulting damages. This covers residential and commercial properties, as well as those governed by associations.

Common Hazards From Inadequate Maintenance

Hazards often arise when routine upkeep is neglected. Spills that are not promptly cleaned, broken or uneven walkways, malfunctioning lights, damaged handrails, and overgrown vegetation can cause accidents such as slip or trip and falls. Unreliable locks or faulty security features may also heighten the risk of criminal activity. Recreational facilities such as swimming pools may pose further dangers when maintenance standards are ignored. These conditions often lead to injuries that could have been avoided if reasonable corrective measures had been taken.

Legal Status of Visitors

An owner’s duty to maintain safe premises can vary based on visitors’ legal status. Some jurisdictions distinguish among invitees, licensees, and trespassers, requiring the highest standard of care for those who enter with permission for the property owner’s benefit. Other jurisdictions largely distinguish between lawful visitors and trespassers. In certain cases involving children who trespass, courts may impose special responsibilities under the attractive nuisance doctrine, particularly when a property feature such as a swimming pool is likely to attract young children.

The Role of Third-Party Contractors

Property owners and associations commonly hire third-party contractors for tasks such as landscaping, maintenance, or security. If poorly performed work contributes to a hazard, an injured individual may name both the property owner and the contractor as defendants. Although owners cannot completely delegate their responsibility to keep the premises safe, contractual agreements with third parties sometimes include indemnity or contribution provisions. Under indemnity, the contractor may be required to reimburse the owner for losses caused by the contractor’s negligence. Under contribution, the contractor shares responsibility for any damages awarded.

Damages for Inadequate Maintenance

In inadequate maintenance cases, damages often include compensation for medical expenses, lost wages, and other direct costs, as well as non-economic damages such as pain and suffering and emotional distress. A jury or judge will look at factors like the severity of the injury, the impact on daily life, and the length of the recovery period when calculating an award. Future damages like lost earning capacity and the costs of future medical treatment also may be recovered in some cases. If a spouse is involved, loss of consortium may be included, reflecting the negative effect of the injuries on the marital relationship.

Precautions for Property Owners

Proper lighting in high-traffic areas, sturdy handrails on stairways, and efficient security features can significantly reduce liability exposure. Establishing a routine maintenance schedule is also a key step in reducing accidents. Written maintenance plans detailing regular checks and repairs create consistency and allow owners or managers to identify problems early. Prompt action is essential when hazards are reported. Records of inspections and repairs help demonstrate that an owner took reasonable steps to fulfill the standard of care required for the type of property.

Last reviewed March 2025