Premises Liability – Hurt on Someone Else’s Property?

Premises liability refers to a body of law that protects an individual injured on someone else’s property due to acts of negligence. Some examples of negligence by a property owner might include icy sidewalks that are not properly maintained, uneven surfaces on the floor or a walkway, a slick surface from standing water or a spilled substance, poor lighting making it difficult to see, falling objects, concealed holes, crumbling curbs; you get the picture. Property, which is considered a combination of land and buildings, must be maintained in a safe manner and when an owner or tenant fails to do so, they may be found liable for injuries sustained as a result.

Premises liability law can be very complex and confusing, but there are three key elements an injured person must prove to have a successful claim. The first is the named defendant must possess the premises or land. The second is that the plaintiff must be an invitee. This term refers to an individual who is considered invited as a member of the public or invited for a business dealing. To complicate the matter further, in some cases even a person who is trespassing on the property can file a claim if they are injured. It is wise to consult a personal injury law firm for a review of your claim and how the law applies to your unique situation. The third item a plaintiff must prove is that an act of negligence or a wrongful act occurred. This might include some of the items mentioned above, such as failing to properly maintain a walkway, clean up a spill, etc.

The majority of premises liability claims involve a commercial property. This can include a grocery store, convenience store, large retail chain, hotel or motel, a public sports facility and more. Also, it is not uncommon for a guest or family member to file a claim against a residential home owner. Places that pose a particular hazard include construction sites abandoned on the weekends and private property vacant lots. Many injuries are sustained on public property such as city owned facilities and a government entity is found liable. When filing a lawsuit against a governmental entity, that law that applies may be different. It is wise to check with your personal injury law firm in this scenario.

The most common injuries sustained result from a slip and fall accident. While many people do not believe these cause serious injury, nothing could be further from the trip. A slip trip and fall cause more visits to the ER than most other accidents. Broken bones, fractures, traumatic brain injury, spinal cord injury, paralysis, soft tissue injury and more can result from this type of accident.