If you have ever tripped over a broken sidewalk or slipped and fell on a wet floor in a mall, you will know how terrifying it can be. These incidents happen in the blink of an eye and can have serious health consequences.
Changes are that if this happened to you, you were in too much shock or pain to look around for warning signs. There should have been a large warning sign about the broken sidewalk and wet floor. If there was not, you may have had a premises liability case.
Premises liability law covers several circumstances, including the ones mentioned above. It is important to know how this law works and when it kicks in should you suffer a fall that should not have happened in the first place.
What Is Premises Liability Law?
Premises liability law dictates the duty of property owners regarding the safety of their premises. This means that every person who owns a shopping center, doctor’s office, or any other premises must ensure that it is safe for visitors and customers.
Other premises that must adhere to this law include private homes, apartment blocks, government and public buildings, stores and restaurants, and recreational facilities.
The basis of the premises liability law is that if you lawfully enter a premises and get hurt due to negligence or other circumstances, you may have a legal reason to file a premises liability claim.
Duty of Care
A premises liability claim is a lot like a personal injury claim. It relies on whether you can prove duty of care. This means the involved property owner must have a legal obligation to protect visitors from harm when they visit their property, but this depends on who is classified as a visitor.
Visitors typically fall into three categories: invitees, licensees, and trespassers. In the case of invitees, these are people invited by a property owner to enter the premises. For example, an owner may welcome you into a store or invite you as a guest to a party.
If you are an invitee, the premises owner owes you the highest duty of care. Before entering the store or party premises, the owner should inspect the place and remove potential hazards. If the hazards cannot be removed, you and other invitees must be made aware of them. Moreover, there should be clear signages warning invitees to avoid these hazards.
With licensees, the duty of care concept differs slightly. Licensees should have permission to enter a property, but they usually do so for their own purposes. For example, if you enter a store only to use the restroom, you are a licensee.
In this instance, the duty of care owed to you by the property owner is less strict. However, the owner should still warn you of potentially dangerous conditions within the store and the restroom.
Then there are trespassers. Trespassers enter properties without permission. This means the property owner does not owe them a duty of care. There are exceptions to this rule, especially if the trespasser is a child or if the owner intentionally harms the trespasser.
Primary Causes of Premises Liability Claims
Looking at the circumstances under which duty of care is mandatory, it is clear why the following dangerous conditions can lead to premises liability claims:
- Slip and fall accidents: Uneven or broken surfaces, wet floors, and poor lighting can all lead to slip and fall accidents. Property owners are liable to provide compensation if there is no warning about these hazards.
- Negligent security: If you find yourself in high-crime premises where there are no security guards or working security systems, you may become a victim of assault or robbery. If this does happen, you can hold the property owner accountable for your injuries and losses.
- Animal attacks: If you are attacked by an animal without receiving a warning that the animal is on the premises, you have the right to file a premises liability case.
Premises liability claims also extend to other circumstances like injuring yourself by climbing broken stairs or suffering an injury in a malfunctioning elevator. If you hurt yourself because of loose railings or missing handrails, you also have a strong case.
What to Do When Injured on Someone Else’s Property
If you sustain an injury while on someone else’s property, it is crucial to follow these steps:
Always get medical help first. It does not matter how angry or upset you are about the incident; you must get a medical evaluation as a matter of priority. This is the only way to prevent complications and document your injuries.
- Report the incident: You must report the incident to either the property owner or the premises manager. Do not just tell them what happened but provide them with an account of the accident in writing.
- Document the scene: It is crucial to take photos of the site where you fell or injured yourself, especially if the area is clearly unsafe or unmaintained. Note the time, date, and even the weather conditions.
- Ask witnesses for their information: If people saw you injure yourself, ask for their contact information. If your case goes to court, you will have witnesses to speak up for you.
- Keep all receipts: You must keep all bills, invoices, and receipts related to your doctor visits and medications.
Getting Legal Help
Premises liability cases are not always straightforward. If you suffer severe injuries or a permanent disability, you should hire a premises liability lawyer to fight on your behalf.
Your lawyer can determine the duty of care of the involved party and advise you on how to proceed with your case. They can also negotiate with your insurance provider on your behalf.
Know Your Rights and Win Your Case
Premises liability law protects you from the fallout of injuries sustained on someone else’s property. By understanding this law and the owner’s duty of care, you will be prepared to handle an injury situation should it occur. Just remember that premises liability laws may vary by state, which is why it is best to consult a lawyer before filing your case.