When someone slips on a wet floor in a grocery store or trips on a loose tile in a hotel lobby, it might seem like an unfortunate accident—but in legal terms, it could be a case of premises liability. These cases revolve around whether the property owner or occupier took proper precautions to prevent injury. Central to this question is the legal standard of “reasonable care.”
But what exactly does “reasonable care” mean in a premises liability case? How is it measured, and who decides if it was met—or violated? If you were injured on someone else’s property, understanding this standard is essential for protecting your rights and pursuing compensation.
Here’s what you need to know.
Defining Reasonable Care
Reasonable care refers to the level of caution and maintenance that an ordinary, prudent person would use under similar circumstances. In the context of property ownership, it means that a property owner has a duty to keep their premises safe for lawful visitors. This doesn’t mean they have to prevent every possible accident, but they must take reasonable steps to reduce risks that could cause harm.
The standard of reasonable care applies differently depending on the type of visitor:
- Invitees (like customers or tenants) are owed the highest duty of care
- Licensees (like social guests) are owed a moderate level of care
- Trespassers are generally owed minimal or no duty—unless they are children or the property poses hidden dangers
If a property owner knew—or should have known—about a dangerous condition and failed to fix it or warn others, they may be found negligent under premises liability law.
Common Examples Where Reasonable Care Applies
Reasonable care involves regular inspection, timely repairs, and appropriate warnings. Some examples of where it might come into play include:
- A restaurant fails to mop up a spilled drink for hours, and a customer slips and falls
- A landlord ignores reports of a broken stair railing, which leads to a tenant’s injury
- A grocery store employee sees a pallet blocking an aisle but doesn’t move it, and a shopper trips
- A hotel fails to provide proper lighting in a stairwell, causing a fall
In each of these scenarios, the question is not whether the accident occurred, but whether it could have been prevented with reasonable action.
How Courts Determine What’s “Reasonable”
There’s no universal checklist for what counts as reasonable care. Instead, courts consider the unique facts of each case, including:
- The nature of the property (e.g., a private home vs. a commercial building)
- How the hazard occurred and whether it was temporary or ongoing
- Whether the owner had notice of the hazard (actual or constructive)
- The steps taken to fix the issue or warn people about it
- How foreseeable the injury was
If the condition was obvious, ongoing, or reported multiple times, the property owner is more likely to be found negligent for failing to act. On the other hand, if a hazard appeared suddenly—such as a fresh spill that occurred moments before the incident—the court may find that the owner did not have a fair chance to respond.
The Role of Warning Signs and Repairs
Reasonable care doesn’t always mean eliminating every hazard instantly. Sometimes, placing a clear warning sign or restricting access to an unsafe area is enough. For example:
- A “Wet Floor” sign can reduce liability while the floor is being cleaned
- A roped-off stairwell under repair may show the owner took steps to warn visitors
However, warning signs are not a substitute for repairs. If an owner relies on signs for months instead of fixing the underlying issue, that may not be considered reasonable in the eyes of the law.
The Victim’s Responsibility
It’s important to note that reasonable care also applies to the injured person. In New York and many other states, the law follows a comparative negligence model. This means a court will consider whether the injured party also acted reasonably.
For example:
- Did they ignore posted warning signs?
- Were they distracted while walking?
- Were they wearing unsafe footwear for the environment?
If the victim is found partially responsible for the incident, their compensation may be reduced proportionally. That’s why thorough documentation and evidence collection are key in premises liability cases.
Steps to Take After an Injury on Someone Else’s Property
If you’re injured on a commercial or private property due to unsafe conditions, you need to act quickly and strategically.
Get Medical Attention Immediately
Even if you don’t feel seriously injured, seek medical evaluation. Not only is this important for your health, but it also creates a medical record that links your injury to the incident.
Report the Incident
Notify the property owner, store manager, landlord, or employee. Ask them to make a report and request a copy for your records. If they refuse, make your own written summary and note the name of the person you spoke with.
Document the Scene
Take clear photos of the hazard, your injuries, and any warning signs (or lack thereof). Get contact information from witnesses. The sooner you collect evidence, the better—it’s not uncommon for hazards to be repaired or cleaned up quickly after an injury.
Don’t Speak With Insurance Adjusters Alone
If you’re contacted by an insurance company representing the property owner, be cautious. Don’t sign anything or provide a recorded statement without legal counsel. Their goal is to minimize your claim—not protect your rights.
Why You Need a Premises Liability Attorney
Proving that a property owner failed to use reasonable care isn’t always straightforward. Insurance companies often argue that the hazard was unforeseeable, that you were distracted, or that a warning sign was “clearly visible.”
An experienced premises liability attorney can:
- Investigate the scene and secure surveillance footage
- Collect witness testimony
- Consult with safety and building code experts
- Handle all communications with insurance carriers
- Build a case that clearly establishes negligence and damages
Most importantly, a lawyer can calculate the full value of your losses—from medical expenses to pain and suffering—and fight to recover what you’re owed.
Conclusion: Know Your Rights When Property Owners Fail to Protect You
Property owners and businesses have a legal duty to maintain safe conditions for visitors. When they fail to use reasonable care, and someone gets hurt as a result, the law provides a path for accountability. But premises liability cases often hinge on proving what was “reasonable” under the circumstances—and that’s rarely black and white.
At Alan Ripka & Associates, we have decades of experience helping injured clients navigate complex premises liability claims. We understand how to hold negligent property owners accountable, and we’ll guide you every step of the way.
If you or a loved one has been injured due to unsafe conditions on someone else’s property, don’t wait. Contact us today for a free consultation. We’ll help you understand your legal options and fight for the justice and compensation you deserve.
