Steven A. Bagen | October 2, 2024 | Personal Injury

Negligence

Private property owners have a duty to maintain their premises in a reasonably safe condition at all times. When property owners fail to take the necessary precautions, serious accidents and injuries may result. Therefore, if you suffer injuries in an occurrence on someone else’s private premises, you can file a claim with the property owner’s insurance company (such as their homeowner’s insurer). If the insurance company does not make you a fair settlement offer, you have the option of litigating the premises accident case in court.

Handling insurance company negotiations and litigating cases can be extremely difficult – if not impossible – to do on your own. A knowledgeable Gainesville Premises Liability Lawyer in your area can handle the process for you, protect your rights, and pursue the maximum compensation you deserve

 

Can You Sue if You Get Hurt on Private Property?

Types of Accidents that Occur on Private Property Due to Owner Negligence

When property owners fail to maintain a safe environment, a wide range of accidents and hazardous situations can occur on their private property. Negligence can lead to serious injuries for visitors, guests, or even trespassers. Below are some of the most common types of occurrences that can happen on private property due to a property owner’s negligence:

  • Slip and Fall Accidents – One of the most frequent occurrences is slip and fall accidents. These happen when property owners fail to address hazards such as wet floors, uneven surfaces, icy walkways, or loose rugs. If these dangers are not fixed or properly marked with warning signs, visitors can slip, fall, and suffer serious injuries such as broken bones or head trauma.
  • Trip and Fall Accidents – Similar to slip and falls, trip and fall accidents happen when there are objects or hazards in walkways. Common causes include broken stairs, uneven sidewalks, exposed electrical cords, or cluttered pathways. If a property owner doesn’t clear these hazards or repair damaged areas, someone may trip and get hurt.
  • Swimming Pool Accidents – Swimming pool accidents are common on private properties with pools, especially when safety precautions are ignored. Failing to install proper fencing, leaving slippery surfaces around the pool area, or not providing necessary warnings about pool depth can result in drowning or serious injuries. Property owners are responsible for ensuring their pool area is safe for guests.
  • Animal Attacks – Property owners are responsible for controlling their pets, especially if the animals are known to be aggressive. If a property owner fails to properly restrain or supervise their pets, guests may be at risk of dog bites or other animal attacks, leading to serious injuries.
  • Fire Hazards – Poorly maintained electrical systems, faulty wiring, or the presence of flammable materials can lead to fires on private property. If a property owner neglects fire safety measures, they may be held responsible for injuries or property damage resulting from a fire.

Common Injuries in Premises Accidents

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Premises accidents can lead to a wide range of injuries, depending on the type of hazard and how the accident occurred. When property owners fail to maintain a safe environment, individuals who visit their property may suffer serious harm. Below are some of the most common injuries that people experience in premises accidents.

  • Fractures and Broken Bones – One of the most frequent injuries in premises accidents is broken bones. These often happen during slip and fall or trip and fall accidents, where a person lands awkwardly and fractures a bone. Commonly affected areas include the arms, wrists, hips, and legs. Broken bones can require surgery, immobilization, and extensive rehabilitation.
  • Head Injuries – Head injuries are another serious consequence of premises accidents. When someone hits their head on a hard surface after a fall, they can suffer concussions, skull fractures, or traumatic brain injuries (TBIs). A concussion can lead to memory problems, dizziness, and headaches, while an even more severe TBI may result in long-term cognitive or physical impairment.
  • Spinal Cord Injuries – Falls or accidents involving unsafe property conditions can lead to spinal cord injuries. These types of injuries can vary in severity, from minor back strains to more severe conditions like herniated discs or even paralysis. In the worst cases, spinal cord injuries may require surgery or result in permanent disability, drastically affecting the victim’s quality of life.
  • Cuts and Lacerations – Sharp objects, broken glass, or poorly maintained structures can cause cuts or lacerations in premises accidents. These injuries can range from minor scrapes to deep wounds that require stitches or surgery. In some cases, lacerations can also lead to infections if not treated properly.
  • Sprains and Strains – Premises accidents frequently result in sprained or strained muscles, especially in the ankles, wrists, and back. These injuries often occur when someone twists or overstretched their muscles or tendons in a fall or during sudden movement to avoid a hazard. Sprains and strains can be painful and may take weeks to heal.

In a premises accident case involving private property, the injured person (the plaintiff) must prove certain legal elements to hold the property owner (the defendant) responsible for their injuries. These legal elements are key to building a successful claim. Here are the main elements that need to be proven:

  • Duty of Care – The first element is showing that the private property owner owed the plaintiff a duty of care. This means the property owner had a legal responsibility to maintain a safe environment for people who are legally on their property. In most cases, property owners owe social guests a duty to warn about or correct known dangerous hazards or defects which exist on the property.
  • Breach of Duty – Next, the plaintiff must show that the property owner breached this duty of care. A breach occurs when the owner fails to maintain their property in a reasonably safe condition. This can mean not fixing a known hazard, like a broken staircase, or failing to warn visitors about a danger, like a wet floor. To prove this element, the plaintiff needs to demonstrate that the property owner either knew or should have known about the hazard and did not take appropriate steps to fix it.
  • Causation – The plaintiff also needs to prove that the property owner’s breach of duty directly caused their injury. This means that the hazardous condition was a direct factor in causing the accident and that the injuries suffered would not have occurred otherwise. For example, if someone slips on an unmarked wet floor and fractures their wrist, the slippery floor must be shown as the cause of the fall and injury.
  • Damages – Finally, the plaintiff must show that they suffered actual damages as a result of the premises accident. Damages can include physical injuries, medical bills, lost income, and even emotional distress. If the plaintiff cannot prove that they suffered real harm, they cannot win the case, even if the other elements are met.

Successfully Litigating a Premises Liability Case

If the insurance company disputes liability for a premises accident on private property, or if they will not offer the victim fair settlement compensation, litigation in the court system may be necessary. Litigation in a premises accident case involves several key steps, beginning with the filing of a lawsuit and ending, potentially, with a trial or settlement. Understanding these steps can help the plaintiff know what to expect during the legal process.

  • Filing the Complaint – The first step in a premises accident lawsuit is the filing of a legal document called a complaint. This document outlines the facts of the case, including how the accident happened, the injuries sustained, and why the plaintiff believes that the property owner defendant is responsible. Once the complaint is filed with the court, the legal process begins.
  • Service of Process – After the complaint is filed, the defendant must be formally notified of the lawsuit. This is called “service of process,” and it involves delivering a copy of the complaint and a summons to the defendant. The summons informs the defendant that they are being sued and provides instructions on how to respond.
  • The Defendant’s Response – Once the defendant receives the complaint, they have a limited amount of time to respond – usually around 20 to 30 days. The defendant may either admit, deny, or claim no knowledge of the allegations. They may also raise defenses or counterclaims against the plaintiff. If they fail to respond, the plaintiff may win by default.
  • Discovery – The discovery phase is one of the most important steps in litigation. Both sides exchange evidence and gather information about the case. This can involve written questions (interrogatories), requests for documents, and depositions (interviews under oath). Discovery helps both parties understand the strengths and weaknesses of their case and prepare for trial.
  • Mediation and Settlement Negotiations – Before going to trial, the parties may attempt to settle the case through negotiation or mediation. Mediation is a process where both parties meet with a neutral mediator to try to reach a settlement agreement. Settling the case early can save time and legal costs.
  • Trial – If the case doesn’t settle, it proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. After hearing the case, the judge or jury decides whether the defendant is liable for the premises accident and, if so, what compensation the plaintiff should receive.
  • Appeals – After the trial, either party may file an appeal if they believe there were legal errors during the trial. An appeals court will review the case and decide whether to uphold the verdict or order a new trial.

Recovering Compensation for Injuries in a Premises Accident

If you’ve suffered an injury in a premises accident due to a private property owner’s negligence, you may be entitled to several forms of compensation, often referred to as “damages.” These damages are meant to help cover the costs and losses you’ve suffered because of the accident. The compensation you may recover generally falls into two categories: economic and non-economic damages.

  • Medical Expenses – One of the most common forms of economic compensation is for medical expenses. This includes both past and future medical bills related to your injury. You may be compensated for doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and any necessary medical devices or equipment. If you need long-term care or ongoing medical treatment because of your injury, you can also seek compensation for those future costs.
  • Lost income – If your injury prevents you from working, you can be compensated for your lost earnings. This includes the income you’ve already lost due to time off work for recovery, as well as future lost earnings if your injury affects your ability to work long-term. In severe cases, you may also be compensated for loss of earning capacity, which means your ability to earn money in the future has been reduced because of your accident-related injuries.
  • Pain and Suffering – Non-economic damages like pain and suffering compensate you for the physical pain and discomfort you’ve experienced as a direct result of the premises accident. These damages are more subjective and can vary widely depending on the severity and lasting effect of your injuries. The more severe and long-lasting the pain, the higher the potential compensation.
  • Emotional Distress – In addition to physical pain, premises accidents can cause significant emotional or psychological harm. Compensation for emotional distress can cover anxiety, depression, post-traumatic stress disorder (PTSD), or any other mental health issues that arise as a result of the accident and injury.
  • Loss of Enjoyment of Life – If your injury has affected your ability to enjoy activities or hobbies that you once loved, you can seek compensation for loss of life enjoyment. This covers the lost quality of life you experienced due to your injuries.

Contact an Experienced Premises Liability Lawyer Today

If you recently sustained injuries in an accident that occurred on private property, a skilled premises liability attorney can fight for the compensation you deserve. Your Gainesville Premises Liability Lawyer can file a claim with the appropriate insurance company on your behalf and negotiate for a fair settlement. If the insurance company does not make you a reasonable offer, your attorney can litigate the case in court to a resolution.