Accidents can happen on anyone’s property. The last thing that should be on your mind when you’re out and about is getting into an accident while on someone else’s property. Just imagine enjoying a leisurely walk down a path when you suddenly slip and fall because of an icy or uneven slab. Not only are you hurt; you’re also looking at potential income loss and costly medical bills.
There’s no need to worry, as there’s a legal recourse for accidents on someone else’s property. This is called premises liability law, a legal concept where property owners are held accountable for accidents due to negligence. Though the legalese for premises liability is full of confusing jargon, there is no need to feel intimidated. This article will guide you through the process and give tips on filing your claim successfully.
Understanding the Premises Liability Law
Premises liability law is designed to govern personal injury claims caused by accidents on someone’s property. The law establishes the property owner’s obligations and what compensations are owed to the accident victim. However, property owners are not always responsible for people getting hurt on their land, building premises, or homes.
Here are two critical elements of a case when you can file a claim according to premises liability law:
· The defendant is occupying the property. In most cases, premises liability claims are filed against the property owner. But there are instances when you can file a claim against a tenant. An example of this scenario is when an accident happens in a store within a shopping mall. In this case, the property owner is not the defendant. Rather, it is the one renting the space.
· The defendant is the owner and was negligent. When a property has fallen below the standard of care, resulting in an accident, the victim can file for compensatory damages. The relationship between the victim and owner matters in this case. For example, a homeowner inviting guests is less obligated to maintain safe premises than businesses dealing with on-site customers.
Common Types of Premises Liability Cases
Premises liability cases cover many types of injuries, with severity ranging from minor to catastrophic. Slip-and-fall accidents account for most premises liability claims. Wet floors, uneven surfaces, and scattered debris can all be culprits, transforming seemingly ordinary spaces into treacherous landscapes. The property owner should warn visitors of any potential dangers. In addition, the owners are responsible for cleaning up spills that cause people to slip and removing any other obstacles or trip hazards.
Poor maintenance and unsafe conditions are common causes of injuries resulting in premises liability cases. Certain factors in a property may cause accidents, such as exposed wiring, unmarked construction zones, and a lack of warnings against potential dangers. Accidents can also happen due to poor maintenance, resulting in unsafe conditions, such as broken handrails, neglected repair areas, and poorly lit sections.
Beyond slippery floors, inadequate security can also lead to premises liability claims. Properties with unsecured entry points and malfunctioning locks may lead to criminal activities and put tenants or visitors at risk of assault, robbery, and other crimes. A building with broken security cameras or a dimly lit parking lot can also foster unsafe conditions.
Breaking Down the Legalese of Premises Liability
Premises liability is all about fairness and accountability. It ensures that property owners are held accountable for their negligence while the injured party is adequately compensated. The first point you must consider is the duty of care. This means the property owner is legally obligated to maintain a safe environment for visitors. Thus, businesses must ensure that cracked sidewalks or malfunctioning elevators are promptly fixed and sufficient warnings about out-of-order facilities are in place.
Negligence is another crucial point you must understand when navigating premises liability cases. This is the legal term for a property owner failing to exercise reasonable care. However, owning the property where the accident happened is not enough to hold the owner liable. As the injured party, you must prove that the owner knew of the danger yet failed to take the necessary steps to fix it.
With negligence, the burden of proof is in the hands of the injured party. You must gather evidence, including photos and videos, witness statements, and medical records. These are all crucial tools in proving negligence and will help you highlight the owner’s failure to fulfill their duty of care.
Once you have proven negligence on the property owner’s part, they will face the consequences, and you can claim damages. You can file for premises liability claims for tangible and non-tangible damages. You can be compensated for financial losses, such as lost wages and medical bills, and non-financial losses, such as emotional distress.
After gathering evidence and proving negligence, file your claim within the statute of limitations. You can consult a lawyer who can advise you on the statute of limitations in your state.
When Are Property Owners Not Liable?
As previously mentioned, the property owner is not always liable for accidents within their premises. For example, when the injured party has knowingly trespassed at someone else’s party and ignored warning signs about possible hazards and keeping them out, the owner may not be held liable.
If the visitor has willfully ignored warning signs about possible hazards or obstacles, the owner can counter the claim for damages. When both parties are at fault, the damages the injured party can claim may be reduced. For landlords, special rules usually apply. If the landlord has delivered the property to the tenant and the management of the premises is no longer in his control, then the tenant will be liable, not the property owner.
Things to Remember
If you get injured in a public space like a shop or restaurant, the management will usually attend to your needs. However, never sign any waiver or document waiving the owner’s guilt. Instead, contact a lawyer (if you know one) and gather as much evidence as possible. Don’t forget to report the accident, whether you are the injured party or someone else is hurt. Also, seek medical attention immediately.
When you understand the basics of premises liability law, you can increase your chances of successfully filing a claim and getting the proper compensation. Remember to be patient, as premises liability cases can take months (even years) to resolve.
