Premises Liability: When is a Property Owner Liable for Injuries?

Owners are Liable When Injuries are Caused by Negligence

If a person is injured on someone else’s property, does that mean the property owner is automatically liable? No. Under premises liability, a property owner is only liable for a person’s injuries due to negligence. Additionally, liability only applies to individuals who were lawfully on the property.

The personal injury attorneys at Parker Waichman LLP have decades of experience representing clients in accident cases, including slip and fall lawsuits. The firm continues to offer free legal consultations to individuals with questions about premises liability.

How do you determine negligence for an injury that occurred on someone else’s property? You must prove that your injury was caused by an unsafe condition on the property, and that the owner knew about these conditions but failed to address them in a timely manner.

Slip and fall accidents fall under premises liability, but premises liability also includes other unsafe conditions that cause harm. Say, for example, that you are hired to do work in someone’s house. You perform work at the house, without being told that the property was recently fumigated. The fumes are toxic when inhaled and you are hospitalized. This is a situation in which premises liability would likely find the property owner liable.

The unsafe condition would be the presence of toxic fumes, and the negligence is due to the fact that the owner would have reasonably known about these conditions, and had an adequate chance to address the situation but did not.

Other examples of dangerous conditions may include a hidden hole, broken cement, a slippery floor, or lack of a railing in a stairway. Premises liability may also apply in situations where the property owner fixed the dangerous condition, but did an inadequate job leading to injury.

In the wintertime, slip and fall injuries due to snow or ice become increasingly common. In these types of situations, the owner may be liable if they failed to address the unsafe condition in a timely manner. For example, if a storm hit and a business owner had the opportunity to shovel and place ice on the ground but did not, they may be liable for a customer’s slip and fall accident. However, premises liability may not apply, for example, if someone was injured right after the snow started falling. In the latter example, the business owner did not have an adequate amount of time to address the unsafe condition.

If you were injured on someone else’s property, and the owner permitted you to be there, you should inform the owner about the injury as soon as you can. You should also seek medical attention immediately. Seeing a doctor can help give you the best chance of recovery, and it also documents your injury. In a personal injury lawsuit, documenting your injury is important to proving your claim.

Generally, premises liability does not apply if the injured party was trespassing. However, there are some exceptions in which the owner may be liable. If the property owner is aware of the trespasser and accepts their presence, they may be liable for injuries due to negligence. Another exception applies to children; if the owner had an attractive condition, for example an unfenced pool, they may be liable for the child’s injury even if they were unaware of their trespassing.

Personal Injury Litigation Background

Contact one of our attorneys if you have any questions about filing a personal injury lawsuit, whether regarding premises liability or other types of injury claims. Our personal injury lawyers work on a contingency fee, meaning they only get paid if they win your case. Finding out whether you qualify for a lawsuit is free of charge.

Compensation from a lawsuit can help pay for expenses related to your injury. This includes medical expenses such as hospital bills, ambulance bills, doctor’s visits, medication, or surgery. Damages from a lawsuit can also compensate lost wages. Your injury may cause you to miss days off from work due to doctor’s visits or simply because you are too hurt to return to your job. Serious injuries may even prevent some individuals from returning to work permanently, depending on their profession. Compensation from a personal injury lawsuit can cover disability, as well as damages for pain and suffering and loss of enjoyment of life.

Filing a Personal Injury Lawsuit

Parker Waichman has decades of experience representing victims injured by slip and fall accidents, as well as other accidents. If you or someone you know was injured by someone else’s negligence, you may have valuable legal rights. Our personal injury attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).

This entry was posted in Legal News. Bookmark the permalink.


© 2005-2018 Parker Waichman LLP ®. All Rights Reserved.