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Understanding Premises Liability: What Happens When You’re Injured on Someone Else’s Property

by | May 29, 2024 | Firm News, Personal Injury

Whether you’re shopping at a store, visiting a friend’s home, or walking through a public park, you have the right to expect that the property is safe and free from hazards. When a property owner fails to maintain a safe environment and someone is injured as a result, the injured party may have the right to file a premises liability claim. These types of claims hold property owners responsible for accidents that occur on their premises due to dangerous conditions. Premises liability cases can be complex, but understanding how they work can help you protect your rights if you’ve been injured.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. These cases typically involve a range of accidents, including slip and falls, trip and falls, falling objects, inadequate security, and even dog bites. The key factor in premises liability cases is that the injury must have occurred because of the property owner’s negligence in maintaining a safe environment.

Property owners are generally required to inspect their premises regularly, repair dangerous conditions, and provide warnings about potential hazards. Failure to do so may make them liable for any injuries that occur. However, the level of responsibility a property owner has can depend on the type of visitor. In most states, the law distinguishes between three types of visitors: invitees, licensees, and trespassers. Generally, each type of visitor is owed a different duty of care by the property owner.

  • Invitees: These are individuals who are invited onto the property for the benefit of the owner, such as customers in a store. Property owners owe invitees the highest duty of care, meaning they must take reasonable steps to ensure the property is safe and free from hazards.
  • Licensees: Licensees are social guests or others who have permission to be on the property but are there for their own purposes. Property owners must still take reasonable care to keep the property safe for licensees, but the standard of care is not as high as for invitees.
  • Trespassers: Trespassers are individuals who enter the property without permission. Property owners typically do not owe trespassers a duty of care, except in situations where the owner is aware of the trespasser’s presence or if there are particularly dangerous conditions that could cause serious harm.

Common Types of Premises Liability Cases

Premises liability cases can arise from a wide variety of dangerous conditions. Some of the most common types of premises liability cases include:

  • Slip and Fall Accidents: These are the most common premises liability claims. They often occur due to wet or slippery floors, uneven pavement, loose carpeting, or spills that have not been cleaned up in a timely manner. Property owners must address these hazards promptly or provide clear warnings to prevent injuries.
  • Inadequate Maintenance: Broken stairs, malfunctioning elevators, faulty railings, or poorly maintained walkways can all lead to injuries. Property owners are required to maintain their premises and repair unsafe conditions to prevent accidents.
  • Inadequate Security: In some cases, property owners can be held liable for injuries caused by criminal acts, such as assaults or robberies, if the property lacked adequate security measures. This is often seen in cases involving apartment complexes, hotels, or parking lots where lighting, surveillance, or security personnel were insufficient.
  • Swimming Pool Accidents: Property owners with swimming pools must take special precautions to prevent accidents, especially when children are involved. Failing to secure the pool area with proper fencing or safety equipment can lead to premises liability claims if someone is injured or drowns.
  • Dog Bites: In some premises liability cases, property owners may be held responsible if their dog bites someone on their property, especially if the owner was aware of the dog’s aggressive tendencies and failed to take steps to prevent the attack.

Proving Negligence in a Premises Liability Case

To succeed in a premises liability case, the injured party must prove that the property owner’s negligence directly caused their injury. This involves establishing several key elements:

  1. Duty of Care: The property owner had a legal obligation to maintain a safe environment for visitors.
  2. Breach of Duty: The property owner failed to fulfill that duty, either by not repairing a dangerous condition or by not providing adequate warnings.
  3. Causation: The breach of duty directly caused the injury. For example, a wet floor that wasn’t cleaned up could be the reason someone slipped and fell.
  4. Damages: The injured party must show that they suffered actual harm, such as physical injuries, medical expenses, lost wages, or pain and suffering.

In many cases, property owners or their insurance companies may argue that the injured party was partly responsible for the accident. This is known as comparative negligence, and it can reduce the amount of compensation the injured party is entitled to. For example, if the injured party was not paying attention or was wearing inappropriate footwear, the property owner may claim that the victim’s own actions contributed to the accident.

Why You Need an Attorney for Premises Liability Cases

Premises liability cases can be complicated, especially when multiple parties are involved or when the property owner disputes responsibility. Navigating the legal process requires a thorough understanding of state laws, liability rules, and the ability to gather evidence that supports your claim. This is why having an experienced personal injury attorney is critical to the success of your case.

An attorney can help by investigating the circumstances of your accident, gathering evidence such as surveillance footage, witness statements, and maintenance records, and building a strong case that demonstrates the property owner’s negligence. They can also handle negotiations with insurance companies to ensure that you receive the compensation you deserve for your medical bills, lost wages, and other damages.

At Spagnoletti Law Firm, we have extensive experience handling premises liability cases and helping injured individuals recover compensation for their injuries. If you’ve been injured on someone else’s property, contact us today for a free consultation. We’ll review the details of your case and help you understand your legal options. Let us fight for the justice and compensation you deserve.  Please contact us online or call 713-804-9306 or to learn more about your legal rights.