Yes, you can sue someone if you suffered an injury on their property, but you must prove that the landowner was negligent and that their negligence directly caused your injury. If you sustain an injury on someone else’s property, you may have grounds to file a premises liability claim. Property owners are typically required to maintain their property in a reasonably safe condition for visitors, and if they fail to do so and someone gets hurt as a result, the property owner may be held liable.
Contact an experienced premises liability lawyer if you have suffered an injury on someone else’s property. Do not delay. You need to have the best legal advice after being injured on another person’s property. Contact a lawyer immediately to protect your legal rights after an accident.
Key Considerations For a Premises Liability Case
An accident that happens on someone else’s property falls under premises liability law. Your attorney will help navigate the often-difficult process of a premises liability claim. Consider the following after an accident on someone else’s property.
Did The Property Owner Owe You a Duty of Care?
Whether the property owner owed a duty of care depends on the visitor’s status on the property. The property owner has a legal duty to maintain the premises in a reasonably safe condition. The extent of this duty can depend on the type of visitor. The types of visitors include:
- Licensees: Licensees are social guests or others who are on the property with permission of the owner. The property owner must warn the licensee of any hidden dangers.
- Invitees: Invitees are people who are on the property for business purposes, such as customers at a store or clients in an office. Property owners owe invitees the highest duty of care, meaning they must regularly inspect and repair any hazards.
- Trespassers: Trespassers include individuals who enter the property without permission. Property owners have a lower duty of care to trespassers but must avoid intentionally harming them.
Prove That The Property Owner Was Negligent
As an accident victim, you will need to prove that the property owner was negligent and that their negligence caused your injuries. Proving negligence means showing:
- The property owner had either actual or constructive knowledge of the dangerous condition of the property.
- The landowner or property owner failed to fix the hazardous condition or warn their visitors or customers about the dangerous condition.
- The dangerous condition directly caused the injury.
How Can I Prove Liability?
You must prove that the property owner was liable for the accident. In a premises liability lawsuit, you will need to prove the following.
- The hazard caused the injury. You must prove that there was a direct link between the dangerous condition and your injury.
- The property owner knew or should have known about the hazardous condition. The accident victim must prove that the owner either knew about the hazard or should have discovered the hazard with reasonable diligence.
- The condition of the property was dangerous. The hazardous condition was unsafe.
What About Insurance Claims?
Before filing a lawsuit, you might choose to file a claim with the property owner’s insurance company. Property owners typically have liability insurance that covers accidents on their property. You may need legal action if the insurance company denies your claim or offers a lowball settlement offer.
Are There Defenses To a Premises Liability Claim?
Yes, there are defenses to a premises liability claim, and a property owner might assert these defenses. Having an attorney will help combat those defenses. Comparative negligence or contributory negligence laws might come into play depending on the state. These laws assess whether you, the injured party, share any responsibility for the accident. Your attorney will help you avoid taking accountability for an accident that was not your fault.
- Contributory negligence: In some states, if you are found even partly responsible for causing the accident, you may be barred from receiving compensation.
- Comparative negligence: If you are found partially at fault for causing the injury or accident, your compensation may be reduced by your percentage of fault.
Having an experienced premises liability attorney is the best way to ensure that you are not bulldozed by an insurance company or a defendant trying to avoid taking responsibility for their actions.
Steps To Take If Injured On Someone Else’s Property
The steps you take in an accident’s immediate aftermath are important. Consider taking the following steps after getting into an accident on someone else’s property.
Consult An Attorney
If you believe you have a valid claim, consult a personal injury attorney skilled in premises liability cases. They can help evaluate your case, advise you on your legal options, and help you navigate the legal process.
Preserve Important Evidence
It is important to preserve the necessary evidence in your case. Keep records of all medical treatments, bills, and correspondence with the property owner or insurance company. This evidence will help build your case.
Report the Incident
If the accident happened in a public space, like a retail store, be sure to report it to the store’s management. The company may have a protocol for accident victims to follow, and you will want to make sure that you follow that protocol. Make sure a report is filed to document the details of the accident.
Document the Scene
You should thoroughly document the accident scene. Take pictures of the hazardous condition that caused your injury (i.e., take note of whether there were wet floors, uneven pavement, or cluttered walkways). Get the contact information of any witnesses who saw the accident occur.
Seek Medical Attention
Your health is the most critical part of your accident claim. Get medical help for any injuries as soon as possible, even if you do not feel they are severe at the time.
Completing the doctor’s recommended treatment plan is important. Failure to keep up with your medical plan can give the insurance company the ammunition to deny your claim.
How Can a Premises Liability Attorney Help Me After An Injury?
Legal counsel is always a good idea after an accident-related injury. A premises liability lawyer will help protect your legal rights and recover compensation for your injuries. Here are some practical ways a lawyer can help after an injury in an accident on someone else’s property.
Settlement Negotiations
Settlement negotiations are important in any civil accident, including a premises liability case. Despite its importance, dealing with an insurance company alone can be intimidating. An attorney will help get the best results from the settlement negotiations phase of your case.
Build Your Case
An attorney will help build your case after getting injured on someone else’s property. An attorney will use their experience and resources to gather evidence and other vital information to help you build your case. Work closely with your premises liability lawyer to ensure that all aspects of your case are covered and you do not miss out on collecting compensation from any source.
Trial
If your case does not settle during negotiations, your attorney might file a lawsuit, and your case can continue with the trial. Going to trial for a premises liability case can be difficult, but having legal counsel will help you get the results you deserve should your case continue to trial for resolution.
Common Types of Injuries From Slip and Fall Accidents
Each accident is unique, and every victim will have their own challenges after the accident. However, some injuries are common after a slip and fall. Common injuries that occur on someone else’s property can include the following.
Injuries From Falling Objects
Items may fall from shelves or higher elevations in retail stores, warehouses, or construction sites, causing injury. Injuries caused by falling objects can include bruises, contusions, fractures, and head and neck injuries.
Exposure To Toxic Substances
Premises liability cases can also involve exposure to hazardous materials, such as mold, asbestos, or toxic chemicals, that can cause health issues over time. Injuries can happen due to exposure to toxic substances, like respiratory issues, rashes, burns, skin irritation, and chronic health conditions, including cancer or lung disease.
Dog Bites
If a property owner’s dog attacks or bites someone, the injuries can range from minor scratches to serious wounds. Some common injuries from dog bites can include infections, cuts and puncture wounds, and scarring if the bite is severe enough.
Burns
Burns can result from dangerous conditions like exposed electrical wires, hot surfaces, chemicals, or faulty heating equipment on a property. Common burn injuries can include first-degree, second-degree, and third-degree burns.
Cuts and Lacerations
Injuries from sharp objects or rough surfaces on a property can lead to cuts and lacerations. An accident victim might suffer from deep cuts caused by broken glass or metal, lacerations that may require stitches, or abrasions that scrape the skin off, causing bleeding and pain.
Soft Tissue Injuries
Soft tissue injuries affect the victim’s muscles, ligaments, and tendons. These injuries can result from falls, slips, and physical impacts. Common soft tissue injuries include sprains and strains, contusions, and whiplash.
Knee and Ankle Injuries
Knee and ankle injuries often occur when a person trips on uneven flooring, steps, or obstacles or twists their leg during a fall. Common knee and ankle injuries include dislocation, fractures, torn ligaments, and sprains or strains.
Fractures and Broken Bones
When a person trips, falls, or is struck by an object, the impact can cause fractures. In premises liability cases, broken bones are common, especially in falls or collisions. Common injuries include facial fractures, broken arms or legs, and fractured hips.
Back and Spinal Cord Injuries
A fall or sudden impact can cause significant damage to the back or spine, often leading to chronic pain or disability. Common spinal cord injuries can include fractures or herniated discs.
Head and Brain Injuries
If a person falls or is struck by an object, it can result in head trauma. Slip and fall accidents, falls from heights, or accidents in areas with poor lighting can all lead to significant head injuries.
Slip and Fall Injuries
One of the most frequent injuries in premises liability cases occurs when someone slips or trips due to hazardous conditions such as wet floors, uneven pavement, or obstructions in walkways.
Common Reasons That Slip and Fall Accidents Happen
- Exposure to hazardous conditions, such as toxic chemicals, mold, or poorly maintained equipment, can lead to serious accidents and injuries.
- If a property owner’s dog attacks or bites you, you might be entitled to recover from your medical treatment and the emotional fallout of the accident.
- Falls from heights, like falling downstairs, off balconies, or off ladders, can lead to serious and even life-threatening injuries.
- Tripping accidents can happen because of scattered objects or debris left in walkways.
- Wet floors, uneven surfaces, poor lighting, or walkway obstacles can cause slip-and-fall accidents.
How Long Do I Have To Sue After a Premises Liability Accident?
You do not have unlimited time to file an insurance claim or lawsuit after a premises liability claim. Every accident victim is required to follow procedural rules, including the statute of limitations. The statute of limitations is a deadline set by law to limit the amount of time that an accident victim has to bring a lawsuit for damages.
Having a legal team working for you means you do not need to worry about meeting these critical deadlines and complying with other procedural rules. Your lawyer will take care of the legal side of things while you focus on your recovery.
Contact a Premises Liability Attorney Today
If you suffered an injury on someone else’s property, you need an attorney to help protect your rights after an accident. Start building your legal team today to start down the road to full and fair financial compensation after an accident on someone else’s property.
Premises liability cases can be a challenge, and having the support and experience of a premises liability attorney can make a significant difference in the outcome of your case. An attorney will handle the legal process, gathering evidence, negotiating with insurance companies, and fighting for your rights in court if necessary. Do not hesitate, make the call today.