Did you slip and fall at your work place? If you’ve suffered injuries as a result of negligence of another party while on someone else’s property, you could be compensated under premises liability law.
Premises liability is an area of law that determines liability when someone is injured by accident while on someone else’s property. It comes into play when the injuries in a personal injury claim are the result of negligence. Premises liability claims typically involve defective or unsafe conditions on the property that resulted in the injury to the victim.
In these cases, the burden of proof rests on the claimant. The victim must prove that the property owner was negligent in maintaining or ensuring the safety of their property. A negligent property owner is one who fails to provide a safe and secure environment for people who come onto their property for a variety of reasons.
However, not all injuries on someone else’s property qualify as legitimate premises liability claims. Not all accidents result from the negligence of the property owner. Some injuries may be the result of the victim’s own negligence. In addition, the victim may not have the right to compensation if he was on the property illegally. It is also important to note that even though the property may be unsafe, the property owner may not be negligent.
Types of visitors
Property owners are required by law to provide reasonably safe premises whether their property is public or private. Failure to do so could result in a lawsuit for personal injuries that others suffer while on their property. One factor in determining liability may be the reason the person was on the property. Following are three different types of visitors and how that might impact their claims:
1 – Invitee
This is a person who has been invited to enter the property by the owner. They may be visitors or customers. Property owners are required to provide reasonably safe and secure environments for those invited to the property.
2- Licensee
This is a person who has been given or to whom the landlord expresses permission to enter the property e.g. for a concert. The property owner in this case is obliged to provide adequate warning on the risks associated with entering the premises.
3 – Trespasser
This is a person who does not have permission from the property owner to enter the premises e.g. a thief. In most cases, property owners are not held responsible for harm that may come to the trespasser unless it is a child. Property owners are required to take reasonable precautions for foreseeable risks that may cause harm to children e.g. fencing a pool to avoid children wandering into the pool area and drowning.
What should you do if you were hurt on someone else’s property?
If you or a loved one was injured on someone’s property:
- Take photos of the area and your injuries
- Talk to witnesses and take their contact details
- Seek medical attention
- Seek a personal injury lawyer as soon as possible.
