Premises Liability Claims
Property owners have a responsibility to keep their property safe for visitors, customers, and tenants. If you get hurt in a slip-and-fall accident, the person who owns the property might be responsible for your injuries. Depending on the type of accident, you may be able to file a personal injury lawsuit against the property owner to get money for your injuries.
Premises liability laws are different in every state. Talk to an experienced premises liability lawyer in your state for legal advice about your legal rights and options for compensation.
What Is Premises Liability?
Premises liability laws hold property owners responsible for injuries to visitors caused by dangerous conditions on the property. For example, if you fall at the supermarket because of a slippery floor, the grocery store might be held responsible for your medical bills.
A premises liability case is a type of personal injury case. You can seek damages for your injuries, including medical bills, loss of income, and any other losses related to the accident. To recover damages, you have to prove that the property owner was liable for your claim because they failed to keep the property in a safe condition.
Types of Premises Liability Accidents
Premises liability accidents can involve any type of injury or accident that happens on someone’s property, from a dog bite injury to slipping on icy walkways. Some common types of premises liability injuries caused by unsafe conditions include:
- Slip-and-fall accidents, such as on wet floors or icy parking lots
- Injuries caused by inadequate security
- Tripping on torn carpet, broken concrete, or other hazards
- Animal attacks
- Lack of safe lighting
- Burn injuries
- Stairway falls
- Elevator or escalator injuries
- Falling objects
- Swimming pool accidents
- Amusement park accidents
- Toxic chemical exposure
These injuries can happen to visitors, customers, salespeople, tenants, or guests. Property owners, occupiers, and property management companies should take steps to make sure their properties are safe and in proper maintenance for anyone who might be unaware of any dangerous property conditions.
Duty of Care for Property Owners
The standard of care varies from state to state. States like California have a general reasonable care standard for any injuries on another person’s property. Other states, like Florida, have different rules for different types of visitors.
Reasonable Care Standard for Property Owners
Premises liability can be based on negligence. A property owner is negligent when they breach a duty of care to others that causes harm. To prove a property owner was negligent, you must prove that they were negligent in their use or maintenance of the property and that you suffered a loss, such as medical bills, from your injuries.
A property owner’s negligence could involve:
- Failing to warn about hidden dangers
- Failing to maintain the property
- Failing to follow building and safety codes
Even in states with a reasonable care standard, different states may have different rules for trespassers. Some states include trespassers in the reasonable care standard.
Invitee, Licensee, or Trespasser
Many states have property owner liability laws based on the type of visitor. In general, these states separate visitors into three categories:
- Invitee: Someone who is invited onto the property and is there for the benefit of the property owner. For example, a shopper who goes to the grocery store or a retail store and slips on a wet floor would be considered an invitee.
- Licensee: Someone who is on the property for their own benefit. A common example of a licensee would be a social guest, like a guest at a party. Generally, property owners are liable for dangers that they know about. For example, if a property owner knew they had a broken front step and didn’t fix it, and you fell and suffered serious injuries, you may have a claim for compensation.
- Trespasser: Someone who is on the property without the owner’s permission or consent. In most states, property owners are not liable for injuries to trespassers unless a property owner intentionally caused the injury. For example, if a property owner sets up a trap to injure anyone who comes onto their property, they could be liable for injuries to trespassers.
What If I Was to Blame for My Injuries?
If you were partly responsible for the accident, you may still be able to recover partial damages. Different states have different approaches to contributory negligence or comparative negligence. In some states, if you share in any blame for your injuries, you will not be able to recover damages.
In other states, your damages are offset by your percentage of liability. In states like Texas, if you are 50% or more responsible, you may not be able to recover any compensation.
Do I Have a Premises Liability Claim?
Whether you have a premises liability claim will depend on a lot of factors, including the type of property, the reason you were on the property, and your actions before the injury. Some states have different laws for a property that is open to the public or property for recreational use.
Securing compensation, even negotiating a settlement that protects your interests, is a complex process. A premises liability attorney can help you determine if you have a premises liability lawsuit and how much you might be able to recover in damages.