Injured on Someone Else’s Property? How to Know If You Have a Premises Liability Claim

Property owners have a legal responsibility to maintain reasonably safe conditions for both guests and trespassers. When they fail to do so and someone becomes injured, there can be serious legal consequences. If you’ve been hurt on someone else’s property, whether it was a business or a residence, you might be entitled to file a lawsuit to recover compensation. But not all claims are worth pursuing.

Here’s how to know the difference.

What premises liability actually is

Premises liability holds property owners and occupants responsible for injuries caused by unsafe or hazardous conditions. Whether an injured party is an invited guest or a trespasser, the property owner can be held legally responsible. Businesses are generally held to a higher standard than private homeowners.

Slip, trip, and fall injuries account for more than eight million emergency room visits each year in the United States and 21% of all preventable injury-related deaths. Since owners are responsible for risks they either knew or should have known about, it’s critical for property owners to take reasonable steps to keep their property safe.

Your legal status on the property matters

Premises liability lawsuits hinge on whether the injured party was invited or a trespasser. Both are protected, but carry a different level of protection under the law. Invitees include customers, clients, guests, and anyone else invited onto the property for business or social purposes and are owed the highest duty of care. Trespassers are individuals who came onto the property without permission and are owed more limited protection. What some people don’t realize is that special rules apply when hazards attract children, like pools, playsets, and abandoned structures.

While employees and contractors are also protected by the law, their injuries typically fall under workers’ compensation laws.

The nature of the dangerous conditions matters

To win a premises liability claim, you need to prove that a dangerous condition existed and posed a risk. Most of the time, these are issues that would have been simple to resolve but were neglected until they turned into hazards. Dangerous conditions include:

• Wet floors from spills, leaks, or a freshly cleaned surface without any warning signs.
• Uneven walking surfaces like broken stairs, loose tiles, potholes, and cracks in the sidewalk.
• Poor lighting, including dark stairwells, parking lots, and hallways.
• Falling objects that were improperly stacked or left unsecured.
• Inadequate security, like the failure to address foreseeable criminal activity in certain environments

Once a hazard has been identified, the next question is whether the property owner knew or should have known about it.

Proving the property owner knew about the hazard

An injured party needs to prove that the owner had knowledge of the dangerous condition. Proving the owner knew can be done through reports, complaints, and proving they directly observed the hazard. It can also be proven if the hazard has existed long enough that the property owner should have discovered it, through regular occurring incidents, and if previous injuries or complaints were ignored.

Evaluating the severity of injuries

Every injury claim requires documented evidence of the severity of all injuries. Minor injuries might not justify legal action but serious and lasting injuries typically do. Getting immediate medical care will establish a clear connection between the incident and the injury and reduce the potential of having your claim devalued or dismissed. If you do file a lawsuit, the court will consider long-term effects like chronic pain, mobility issues, and permanent impairment when determining your compensation. The court will also take into account lost wages.

Evidence that strengthens a premises liability claim

The best evidence will show how the injury happened and why it was preventable. The best documentation is in the form of photos and video footage of the hazard immediately after the accident, surveillance footage that shows how long a hazard existed (if available), incident reports filed with officials, witness statements, and maintenance and inspection logs.

Deadlines are tight – don’t delay

Premises liability claims have a time limit that varies by state. If you don’t file before the statute of limitations runs out, you won’t be able to recover compensation. However, there are special time limits for minors and accidents involving government property.

Talk to a lawyer to see if you have a case

Don’t try to figure out if you have a case on your own. There are many nuances to premises liability claims and a personal injury attorney can tell you if you have a strong case. Many injured people avoid pursing lawsuits because they don’t think it’s worth fighting, but you shouldn’t have to pay for medical bills that aren’t your fault. Before you make a decision either way, contact a lawyer to discuss your case and get a clear assessment of your situation.