Last updated on March 26th, 2024 at 03:34 am
If you are injured on someone’s property, you may wonder if you can file a premises liability claim against that person. After all, most businesses have a duty to keep their visitors safe from foreseeable dangers. But how do you know if the injury was their fault? If you were injured at someone’s home, that likely means their residence is not considered a commercial business for purposes of premises liability law.
That doesn’t mean your claim won’t be successful – but it does mean you must meet different criteria to prove negligence, and your potential recovery will be limited compared to businesses like hotels or restaurants. With this in mind, let’s take a closer look at whether or not you have grounds for a valid premises liability claim with the help of premises liability lawyers.
What Is Premises Liability?
Premises liability is a type of negligence that occurs when there is an unsafe condition on a property. That unsafe condition causes injury to a person on the property. That person can then file a premises liability lawsuit against the owner of the property for their resulting injuries. Premises liability cases typically involve slip and fall accidents, injuries from falling objects, and injuries from trips and falls on uneven surfaces. Premises liability cases can also involve injuries caused by the dangerous condition of property that was in disrepair.
How to Prove a Premises Liability Claim
The first thing you must do in order to prove a premises liability claim is determine whether or not the property owner was at fault. If you can prove the property owner breached their duty, then you must prove that the breach caused your injury. That means you must show there is a connection between the owner’s actions and your injuries. In order to do that, you must prove that you would not have been harmed if the owner had fulfilled their duty. It could have been either:
You Were Not Advised of a Dangerous Condition
If a dangerous condition exists on a piece of property, the owner of the property has a duty to warn people who are likely to come into contact with the condition. For example, if there are nails in the floor and those nails could cause someone to trip and fall, the owner of the property must warn people about the nails so they do not get injured.
You Were Told About the Dangerous Condition and It Was Still Unsafe
If the owner of a property tells you about a dangerous condition and you are still harmed, then the owner may be held liable for your injuries.
There is Evidence Showing That the Business Knew About the Dangerous Condition and Did Nothing to Fix It
If you can show that the business knew about a dangerous condition and failed to fix it, then you may be able to claim damages from the business.
Common Ways People Are Injured at Commercial Properties
There are a variety of ways that people can be injured at commercial properties. While some of these are specific to certain types of businesses, others are common to nearly all types of businesses.
Here are some of the most common ways people are injured at commercial properties.
Slip and Fall
Perhaps the most common type of premises liability claim is the slip and fall claim. When people are injured on commercial properties, they often assert that they slipped and fell on water, food, grease, or some other substance left on the floor by the business.
Falling Objects
Another common type of premises liability claim comes from people who were injured by falling objects. Visitors who are injured by falling objects may assert that the objects fell because the property owner did not properly maintain a roof, a balcony, or some other parts of the building.
Trips and Falls on Uneven Surfaces
A third common type of premises liability claim comes from visitors who were injured by falling on uneven surfaces. While people may trip on uneven surfaces inside a building, many uneven surfaces claims come from people who were injured because the property owner did not maintain the surrounding areas.
For example, if a business fails to mow the lawn around their building, visitors may fall in the tall grass. In this case, the business is responsible for the injuries people sustain because of the uneven surface.
Dangerous Condition of Property
Finally, some premises liability claims arise because a building is in disrepair. For example, a building that is full of mold is dangerous. If the business fails to take action to remove the mold, the mold may cause people to become sick.
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I Have a Valid Premises Liability Claim?
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In Conclusion
Premises liability can arise from a variety of sources, and any one of those sources may apply to the circumstances of your injury. If you were injured and believe there was fault on the part of the property owner, you may be able to bring a premises liability claim with the help of premises liability lawyers. They will help you prove that the owner of the property breached their duty and that the breach caused your injuries.
