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Premises Liability

Our lawyers have handled a wide range of premises liability claims, including fires, slip and fall cases, and dog bite cases. In Minnesota, landowners have a duty to use reasonable care (inspect and repair) or warn entrants upon land of risks posed.

In determining whether a landowner has exercised reasonable care, the following may be considered:

> The purpose for which the entrant entered the premises;

> The circumstances under which the entrant entered the premises;

> The use to which the premises is put or expected to be put;

> The foreseeability or possibility of harm;

> The reasonableness of the inspection, repair or warning; and

> The opportunity and ease of repair of the danger.

However, the duty of reasonable care does not extend to trespassers - those who enter or remain on a piece of property without the actual or implied consent of the possessor. The rule differs slightly for those who enter land with permission, but are present for a recreational purpose.

Additionally, Minnesota courts have continued to utilize the attractive nuisance doctrine. This rule provides that a landowner may be found negligent if they maintain certain structures or artificial conditions on the premises which cause bodily harm to children. Sandpits, abandoned farm structures, and accessible construction machinery are common examples.

Under Minnesota law, dog owners are liable for damages when their dog attacks or injures another without provocation. Owners are absolutely liable, assuming the dog was not provoked.
 

We do not have an attorney-relationship with you. The information on this web site should not be considered legal advice. By responding to your request for information via telephone or e-mail we do not intend to create an attorney-client relationship with you. Any information we provide to you should not be considered legal advice and you should not rely on it as if it were. An attorney-client relationship between you and our firm may be formed only when we agree to represent you and receive a signed retainer agreement from you.