What Is a Premises Liability Claim?

A premises liability claim arises when an individual is injured on someone’s property due to unsafe conditions. The legal principle behind these claims is that property owners are responsible for keeping their property in a reasonably safe condition for visitors.

They may be liable for any resulting injuries when they fail to do so. These claims can arise in various settings, such as private homes, commercial establishments, and public properties.

Premises liability claims are important because they offer accident victims a pathway to secure compensation for their medical bills, lost wages, pain and suffering, and other related damages. Understanding the premises liability law can empower victims to take action and hold negligent property owners accountable.

Property Owner’s Duty of Care

Under premises liability law, property owners owe different levels of care to various categories of visitors. The duty of care refers to the legal obligation to exercise reasonable care to ensure the safety of visitors. This level of care varies depending on the type of visitor:

• Invitees: These individuals are invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must regularly inspect the property for potential hazards and promptly address any unsafe conditions.
• Licensees: Licensees are social guests or others who enter a person’s property with the owner’s permission but not for business purposes. Property owners are still required to maintain reasonably safe conditions for licensees, but the duty of care is lower than for invitees.
• Trespassers: These are individuals who enter the property without permission. While property owners generally do not owe a duty of care to trespassers, they cannot willfully cause harm. In some cases, if the property owner knows that trespassers are likely, they may still need to address certain hazards.

Understanding the visitor’s status is crucial in determining the extent of the property owner’s liability in a premises liability case.

Special Considerations for Children and Employees

Children and employees receive special consideration in premises liability law. Children are often protected more stringently because of their limited ability to recognize dangers. For example, if a property has an “attractive nuisance,” such as a swimming pool, the property owner may be required to take extra precautions to prevent children from unsupervised access.

On the other hand, employees typically pursue workers’ compensation claims instead of premises liability claims if they are injured on the job. Workers’ compensation provides benefits for medical expenses and lost wages.

However, in some cases, an employee may still have grounds for a premises liability claim, such as if a third party was responsible for the dangerous conditions.

Common Types of Premises Liability Claims

There are several premises liability claims, each involving different hazardous conditions that can lead to injuries. Some of the most frequent claims include:

• Slip-and-fall accidents: Slippery or uneven floors, cluttered walkways, and poorly maintained surfaces can lead to slip-and-fall accidents, which are among the most common premises liability claims.
• Inadequate building security: If a property owner fails to provide adequate security measures, such as functioning locks or security cameras, and a crime occurs, they may be liable for injuries resulting from criminal activity.
• Dangerous animals: Property owners may be held liable if their pets or animals, such as aggressive dogs, injure a visitor.
• Poor maintenance: Structural defects, such as broken stairs or faulty handrails, can result in serious injuries.

Each of these scenarios can result in severe harm, and victims of these accidents may be entitled to compensation.

Proving Negligence in Premises Liability Cases

To succeed in a premises liability claim, the injured party must prove that the property owner was negligent. Negligence requires demonstrating the following elements:

• The property owner owed a duty of care: The injured party must show that the property owner had a legal obligation to maintain safe conditions, which varies based on the visitor’s status (invitee, licensee, or trespasser).
• The property owner breached that duty: This involves proving that the property owner failed to take reasonable steps to prevent a hazardous condition, such as ignoring a broken stairway or failing to clean up a spill.
• Causation: The injured party must show that the unsafe condition directly caused their injury. For example, if a person slipped on an unmarked wet floor, they must demonstrate that the floor’s condition caused their fall.
• Damages: Finally, the injured party must prove that they suffered damages due to the injury, which can include medical bills, lost wages, and pain and suffering.

Causation and Damages in a Premises Liability Case

Once negligence is established, the injured party must show that the property owner’s actions directly caused their injuries. This act is known as causation. If the property owner’s negligence is the cause of the injury, then the injured party can seek damages, which are the compensation for losses they have suffered. Types of damages that may be claimed include:

• Medical expenses: Costs for hospital visits, surgeries, medications, and rehabilitation.
• Lost wages: Compensation for the time from work due to the injury.
• Pain and suffering: Non-economic damages that account for the physical and emotional toll the injury has taken.

Medical Expenses and Compensation

Medical bills are often the largest component of a premises liability claim. Injured parties may recover costs for various medical treatments, such as emergency room visits, surgeries, rehabilitation services, physical therapy, and any necessary ongoing medical care.

It is crucial for injured individuals to keep thorough records of all their medical treatments and bills, as these documents will serve as evidence in their claims.

Lost Wages and Future Earning Capacity

Injured parties may also seek compensation for their lost wages during recovery. If the injury affects their ability to work in the future, they may be entitled to damages for diminished earning capacity. This type of compensation is especially important for severe injuries that result in long-term or permanent disabilities.

To support these claims, individuals should provide employment records and, if necessary, expert testimony to estimate the injury’s impact on their future earning potential.

Pain and Suffering in Premises Liability Cases

Pain and suffering damages are intended to compensate the injured party for the physical and emotional distress caused by the injury. These damages are more subjective and can vary depending on the severity of the injury and the long-term effects on the victim’s life.

Evidence to support these claims may include medical records, testimony from mental health professionals, and personal accounts of how the injury has affected the victim’s quality of life.

Comparative Negligence in Premises Liability Cases

In some cases, the injured party may share some responsibility for the accident. Comparative negligence laws allow for the injured party’s compensation to be reduced if they are found partially at fault for their injury. For example, if someone is injured after ignoring a “wet floor” sign, they might be assigned a percentage of fault.

In states that follow comparative negligence rules, the compensation will be reduced by the injured party’s percentage of fault.

Challenges in Proving Property Owner Negligence

Proving negligence in a premises liability case can be challenging. It’s not enough to simply show that a dangerous condition existed; the injured party must also prove that the property owner knew about the condition or should have known about it and failed to act reasonably.

Establishing the property owner’s knowledge of the hazard can be difficult without strong evidence, such as photographs, witness statements, or security footage.

Defenses Property Owners May Use

Property owners may use several defenses to avoid liability in a premises liability case. Common defenses include:

• Assumption of risk: The property owner may argue that the injured party knowingly and willingly took on the risk of the hazardous condition.
• Contributory negligence: The property owner may claim that the injured party’s own negligence contributed to their injury.

A skilled premises liability lawyer can help navigate these defenses and work to overcome them.

Your Rights After an Accident on Someone Else’s Property

If you’ve been injured on someone else’s property, it’s important to take immediate steps to protect your rights and recover damages.

First, seek medical attention for your injuries, even minor ones. Keep detailed records of all medical treatments and expenses. Additionally, document the accident scene by taking photographs and obtaining contact information for any witnesses.

Consulting with a premises liability lawyer early in the process can ensure that your rights are protected.

Filing a Premises Liability Claim or Lawsuit

Filing a premises liability claim involves several important steps, including notifying the property owner, gathering evidence, and proving negligence. It is crucial to be aware of the statute of limitations, which sets a deadline for filing a personal injury claim.

Consulting an attorney can ensure you meet these deadlines and have the necessary evidence to support your claim.

Negotiating a Settlement vs. Going to Trial

Many premises liability cases are settled before going to trial. A settlement can be a quicker and less expensive option, but it’s important not to accept an offer without fully understanding your rights. An experienced attorney can negotiate on your behalf and ensure you receive fair compensation.

If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome.

Contact an Experienced Premises Liability Lawyer Today!

If you or someone dear to you has been injured on another party’s property, seeking legal support from an experienced premises liability lawyer can help ensure you receive the compensation you deserve.

At Rosenfeld Injury Lawyers, we are dedicated to helping premises liability accident victims navigate the complexities of their claims, gather the necessary evidence, and secure the compensation they need to recover.

We believe each premises liability case should be handled sensitively and the individual affected treated with compassion. Contact us at (888) 424-5757 for a free consultation or fill out the contact form and let us help you pursue justice and fair compensation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.