Have you or someone you know ever been injured on private property? Personal injuries can happen at any time or place. That’s why there are laws in place to make sure owners of establishments keep their property safe for visitors. A slip and fall accident on a wet floor or a fall down a broken staircase are just a few examples that can lead to a premises liability lawsuit.
This article will go over what a premises liability lawsuit is, common types of cases, who is at fault in premises liability claims, and what to do if you’ve been injured on someone else’s property.
What is a Premises Liability Case?
A premises liability case happens when someone is injured on another individual’s property due to unsafe conditions. This could be a private home, a store, a parking lot, or a public park. Property owners have a duty of care, which means they are responsible for making repairs and maintaining safe conditions for visitors.
Common Types of Premises Liability Cases
Premises liability injuries can happen in many different ways. Here are the most common:
- Slip and falls: The most common type of premises liability case, caused by spills, wet floors, and icy walkways
- Inadequate maintenance: Poorly managed repairs, such as broken stairs, potholes, or damaged flooring
- Poor lighting: Dim or no lighting that makes it difficult to see dangerous property conditions, especially in stairwells or parking lots
- Dog bites: If a property owner does not properly secure their dog, they can be liable for any resulting injury
- Swimming pool accidents: A lack of signs, barriers, or supervision around pools can lead to serious injuries
- Negligent security: If someone is harmed due to the lack of security measures like locks or cameras, the owner may be held responsible
Who Can Be Held Responsible?
Responsibility in a premises liability lawsuit does not always fall on the property owner alone. Anyone who controls or maintains the space could be at fault in premises liability cases. It depends on who had the authority to prevent the danger:
- Property owners: Homeowners, store owners, or business property holders can be liable if they failed to maintain safe conditions
- Landlords: If a tenant is hurt in a common area, such as a hallway or stairwell, the landlord may be responsible
- Tenants: If a tenant controls the area where the injury happened, such as a store in a shopping center, they may be at fault
- Businesses: Companies operating on a property may be liable for unsafe conditions they caused, even if they don’t own the property
- Government entities: Injuries that happen on public property, such as sidewalks or parks, may result in claims against a city or government agency
How is Fault Determined in a Premises Liability Lawsuit?
To determine who is at fault in a premises liability case, it’s important to establish negligence. This means proving that the responsible party failed to take reasonable care to keep the property safe.
There are four elements that must be proven:
- Duty of care: The person in charge had a legal responsibility to maintain a safe environment
- Breach of duty: They failed to meet that responsibility, such as ignoring a known hazard
- Causation: This failure directly caused the injury
- Damages: The injured person suffered physical, emotional, or financial harm
Proving all four is necessary to succeed in a premises liability lawsuit.
When is a Property Owner Considered Negligent?
A property owner is considered negligent if they fail to take reasonable steps to prevent harm. The law considers what a reasonable person would have done under the same circumstances.
Examples of property owner negligence include:
- Ignoring spills that make the floor slippery
- Failing to repair broken stairs or handrails
- Not placing warning signs about wet floors or construction zones
- Leaving icy sidewalks untreated
- Failing to inspect the property for dangerous property conditions
What if the Injured Person is Partially at Fault?
While property owners are responsible for maintaining safe conditions, there are cases where the injured person may also share fault. If there were warning signs about a hazardous condition and the person ignored them, they could be partially at fault.
This is known as comparative negligence, where both parties share responsibility. A court will evaluate how much of the injury was caused by each side. This affects compensation. For example, if the injured person is found to be 30% at fault, their compensation may be reduced by that amount.
What to Do if You’ve Been Injured on Someone Else’s Property
Injuries can happen quickly, but the effects may last a long time. Knowing what to do after an accident is key to protecting your health and legal rights.
Here are some important steps to take:
- Seek medical attention: Even minor injuries should be checked by a medical professional
- Document the scene: If possible, take photos or videos of where the accident occurred and what caused it
- Report the incident: Notify the property owner, landlord, or store manager and request a written report
- Keep records: Save medical bills, receipts, and notes about your injuries or symptoms
- Avoid giving recorded statements: Speak with a premises liability attorney before responding to insurance companies
- Contact a premises liability lawyer: Especially if the injury is serious or fault is unclear
Contact a Premises Liability Lawyer
The main takeaway is that if you or a loved one has been injured due to property owner negligence, you don’t have to handle it alone. A premises liability attorney can explain your rights, gather evidence, and deal with insurance companies on your behalf.
The premises liability lawyers at Sobo & Sobo are standing by to offer free consultations 24/7. Call 855-468-7626 today to discuss your case with an experienced attorney.
