Steven A. Bagen | August 26, 2024 | Personal Injury
Yes, you can sue someone if you suffered an injury while on their property. Private landowners must take care that their customers or guests are not hurt while visiting their property. The law allows victims to pursue financial compensation from the property owner when they fail to live up to their duty of care.
Proving fault in some cases is difficult. An experienced premises liability attorney can help you understand your legal right to compensation. Working with a Gainesville personal injury lawyer can help improve your odds of collecting full and fair compensation after an accident.
Please continue reading to learn more about when you can sue someone after suffering an injury while on their property.
How Common Are Premises Liability Accidents?
Premises liability claims are far too frequent, considering businesses and property owners should keep their properties in safe condition. Anytime you head to the store to quickly pick something up for dinner, you might end up in the emergency room with serious injuries.
For example, about one million people visit ERs each year in the United States due to slip and fall injuries, which commonly happen on another’s property.
What Is Premises Liability?
Premises liability is a legal claim for damages that the victim has against a property owner or occupant. The owner or occupant is responsible for any damage or injuries that happen while another person is visiting or patronizing their property. Since a premises liability claim can happen at a residential or commercial property, potential defendants can be homeowners or businesses.
Whether a defendant is liable for damages depends on the category a plaintiff falls into. In premises liability cases, the plaintiff is categorized as an invitee, licensee, or trespasser.
Invitees
Invitees are permitted onto the owner’s property for business purposes, such as customers patronizing a grocery store. Owners owe the highest duty of care to invitees.
Licensees
Licensees are social guests invited onto the property. Party guests, for example, can sue their hosts if they suffer an injury while on their property.
Trespassers
Trespassers do not have permission to enter the property, so property owners generally owe them a lower duty of care.
Where Do Premises Liability Cases Happen?
Premises liability accidents happen in both residential and commercial properties. Accidents can happen anywhere that an individual or business manages property. Common locations where premises liability accidents occur include the following.
Commercial Properties
Restaurants And Bars
Examples of causes of accidents in restaurants and bars can include slips and falls, food poisoning, and injuries that happen due to fights or assaults.
Retail Stores
Accidents usually happen in retail stores because of slippery floors, inadequate lighting, or falling merchandise.
Hotels And Resorts
Accidents at hotels and resorts usually include slips and falls, injuries from faulty equipment or furnishings, and accidents in pools or spas.
Shopping Malls
Shopping mall accidents are typically caused by malfunctioning escalators or elevators, poorly maintained parking lots, or negligent facility maintenance.
Residential Properties
Private Homes
Private homeowners might be liable for an accident that happened due to a slip and fall on a sidewalk, trips caused by uneven walkways, or injuries caused by an unrestrained pet.
Rental Properties
Injuries happen at rental properties, usually due to landlord negligence, electrical hazards, failure to maintain staircases and walkways, or inadequate security.
Workplace Injuries
Workplace injuries can happen for many reasons. Examples of common reasons that workplace injuries occur include equipment failures, injuries due to unsafe conditions, and falling objects.
Government Buildings
You might have a claim for compensation if you suffered an injury in a government building. Common injuries people suffer in government buildings include slips and falls, accidents in public facilities, and injuries due to negligent security.
Public Spaces
Accidents happen frequently in public spaces. For example, accidents can happen in parks and recreation areas because of falls from playground equipment, injuries due to poorly maintained facilities, or slippery paths.
Sidewalks And Streets
Residents can suffer severe injuries because of poorly maintained sidewalks and streets. Injuries typically happen when sidewalks and streets are icy, have uneven pavement, or have potholes.
Specialty Locations
Sometimes, accidents happen in what might be considered specialty locations.
Hospitals And Healthcare Facilities
Hospitals and other healthcare facilities are hotbeds for severe injuries. Slips and falls, injuries during medical transport, and accidents due to equipment malfunctions are all common reasons for premises liability injuries.
Amusement Parks
An amusement park can be an area where a lot of accidents can happen. Injuries from rides or attractions can be severe, including slips and falls or accidents due to inadequate safety measures.
Common Types of Injuries
There are various types of injuries that occur in premises liability cases. Accident victims can sue for the injuries they sustained, which were caused by various hazards on the property. Examples of potential hazards can include the following.
- Inadequate security that leads to assault
- Slip and falls
- Hazardous conditions on the property that the owner knew about or should have known about
- Other dangerous conditions
Examples of common injuries that premises liability accident victims incur can include the following.
- Head injuries, concussions, and traumatic brain injuries (TBI)
- Broken bones
- Amputation
- Spinal cord injuries and paralysis
- Cuts
- Bruises and other soft tissue injuries
How Do I Prove That The Property Owner Is At Fault?
Premises liability cases are negligence claims. There are four elements of negligence that all accident victims must prove. Accident victims must show:
- The property owner owed a duty to the victim
- The property owner breached their duty to the victim
- The property owner’s breach caused the victim’s injury
- The accident victim suffered damages or injuries because of the breach
Proving these elements is necessary to recovering in a premises liability case. An experienced attorney can help collect the evidence required to prove your claim.
How Long Do I Have To Sue After a Premises Liability Case?
Accident victims must consider the statute of limitations after suffering an injury. As a victim, you do not have unlimited time to sue for damages after an accident. The statute of limitations is a deadline set by state law that limits the amount of time that a victim has to sue for compensation. Failing to meet the statute of limitations can bar your access to financial recovery.
Like the statute of limitations, many other procedural rules must be followed to protect your legal right to recovery. Working with an attorney makes sure that you do not miss any critical deadlines.
Who Pays For Damages After An Accident On Someone Else’s Property?
Some accident victims might hesitate to pursue compensation for a premises liability case, especially if the accident happened while on a friend’s property. However, it is vital to understand the role of the owner’s insurance coverage in your case. Property owners likely have liability insurance. Liability insurance typically covers the cost of treating the victim’s injuries. You do not need to worry about suing a friend in many cases. Typically, an accident claim is handled entirely through the property owner’s insurance company rather than by the property owner directly.
What Should I Do After An Accident on Someone Else’s Property?
What you do right after an accident is crucial to the success of your claim. Consider taking the following steps after getting hurt while on someone else’s property.
Get Medical Attention Immediately
After getting injured in an accident, seek medical attention immediately. Seeing a physician and getting a medical evaluation right after an accident ensures your physical well-being and helps protect your legal claim by creating medical records. Make sure that you complete any recommended treatment plans and keep up with follow-up doctor’s appointments.
Notify The Property Owner About the Accident
Tell the property owner that you suffered an injury while on their property. Perhaps ask the property owner about their insurance provider to begin filing a claim.
Consult a Premises Liability Attorney
Talk to a Gainesville personal injury lawyer after suffering an injury while on someone else’s property. Getting the money you need to recover financially after a premises liability accident can be challenging on your own. Working with an attorney can help you understand your right to compensation and get you the full and fair financial recovery you deserve.
How Can a Premises Liability Attorney Help Me After An Accident?
A premises liability lawyer is a valuable source of guidance and support after an accident. Some of the most practical ways that premises liability attorneys help their clients include the following.
Case Evaluation
Attorneys help clients by evaluating the facts of their cases. A lawyer will review your accident’s circumstances to determine whether you have a viable premises liability claim. A part of their evaluation includes a review of available evidence, like witness statements, pictures of the accident scene, and relevant documentation, among other pieces of evidence.
Negotiating With Insurance Companies
Negotiating with insurance companies can be intense and overwhelming. An attorney helps cut down the anxiety associated with handling insurance companies. An attorney will negotiate a fair settlement on your behalf that compensates you for medical expenses, lost income, pain and suffering, and other damages.
Litigation Representation
If a satisfactory settlement cannot be reached, your attorney can file a lawsuit and represent your case in court. Your Gainesville personal injury lawyer will present evidence, cross-examine witnesses, and argue for your right to receive compensation for your injuries.
Legal Advice
Having an attorney means that you can access sound legal advice. Premises liability laws are complex and vary significantly based on the jurisdiction. An attorney will understand the specific laws applicable to your case and how relevant laws affect your legal rights and access to compensation.
Establishing Liability
Your attorney will work to establish that the property owner or occupier was negligent and that their negligence caused your accident. An attorney will work to discover if the owner or occupier had a duty to prevent your harm, that they breached their duty, that their breach caused your accident, and establish your damages.
Gathering Evidence
A legal team has the resources and experience required to gather and preserve relevant evidence that will be helpful to support your premises liability claim. Critical pieces of evidence for premises liability claims can include the following.
- Surveillance footage
- Accident reports
- Maintenance records
- Expert opinions
Maximizing Compensation
An experienced premises liability lawyer can assess the full extent of your damages and how they will likely impact your life in the long term. Your attorney will fight for you to receive fair compensation that reflects the accident’s impact on your life.
A premises liability attorney plays a key role in your claim. They advocate for your rights, help you navigate the legal system, and help you get the best outcome after getting injured in an accident. Consult a qualified lawyer to get the support you need after suffering an injury on someone else’s property.
Special Considerations In Premises Liability Cases
If you suffered an injury on someone else’s property, consider the following. There are some special considerations for premises liability accident victims because they are unique cases.
Identity of the Property Owner
The identity of the property owner is important. An attorney can help identify the responsible property owner.
Was There a Violation of the Law?
Proving a premises liability claim might be easier if the victim can prove that the owner violated the law. Work with an experienced Gainesville personal injury lawyer to learn whether the property owner violated the law.
Did the Property Owner Fail to Fix a Known Dangerous Condition?
There are instances when property owners were unaware that the dangerous condition existed. However, if the property owner should have known about the condition, they might be liable for your harm despite their previous actual notice of the condition.
Contact A Premises Liability Attorney Today
Contact a Gainesville personal injury lawyer today if you have suffered an injury in a premises liability case. You might be entitled to compensation even if you suffered an injury while on someone else’s property. An experienced premises liability lawyer can evaluate your case and determine the viability of your claim. Do not delay; contact a premises liability attorney and begin your journey to recover fair compensation.