What happens if you get injured on someone else’s property? Are they liable for the damages you sustained? Learn about premises liability and what you need to know if this happens to you.
If you are injured on the property of other people, the owner may be held liable for your medical costs, time off work due to the injury, and emotional turmoil. Compensation will be taken from the owner’s property liability insurance if they have one, given that there is legitimate proof of liability.
But what exactly is premises liability?
What is premises liability?
All property owners are required to maintain a relative level of safety on their property to prevent other people from getting injured on it, a responsibility referred to as premises liability. When an incident occurs on the property that results in the injury of another person, owners can be held financially responsible for the compensation of victims.
Do you have a case?
In Townsville and other places, premises liability fall under personal injury claims, which are for injuries caused by the negligence of another, which in the case of premises liability, is the owner of the property. However, even if you suffer a severe injury on someone else’s property, you can’t hold them responsible unless you can prove the following elements:
- The owner is negligent of their responsibility to keep the property safe
- You have a legal right to be on the property
- You have proof that you were injured on the property
- The injury is not entirely your fault
Of course, there are other factors that come into play when making a premises liability claim, but these are the most crucial. If the specifics are complicated, seek help from a personal injury lawyer to smooth out your claim.
Are you permitted to be on the property?
A major factor in premises liability cases is the legal status of the visitor injured on the property, which is divided into these categories:
- Invitee. A person who is invited to the property to do business. If you are an invitee and the owner did not take the necessary steps to protect you from hazards, they may be held liable.
- Licensee. This person is invited to the property as a guest, like when you are visiting a neighbor or friend.
- Trespasser. Finally, this person has no permission whatsoever to enter the property. In most states, owners have no responsibility unless they booby-trap their property or if the trespasser is a child.
What types of claims do not usually succeed?
Needless to say, not all premises liability claims are actionable. If you get injured on your neighbor’s driveway, for example, because of oil on the cement causing you to slip and fall, your neighbor might be held responsible if:
1) you did not deliberately injure yourself,
2) you have permission to be on the property, and
3) the cause of injury is your neighbor’s negligence.
If you get injured on someone else’s property and are not sure if you have a case, talk to a premises liability attorney as soon as possible. Keep in mind that time is of the essence in these kinds of cases, so it’s not recommended that you don’t wait too long before filing a claim.