Premises Liability Basics

​

Premises liability law places the legal responsibility for an injury on the owner of a property where the injury occurred. Like many personal injury cases, premises liability entails that the accident was caused by the owner’s negligence. In other words, the injury occurred because the owner failed to employ reasonable care in their maintenance of the property.

​

In some instances, the defendant may not explicitly own the property. If the defendant occupies or leases the property, you would have to make the case that it was their personal responsibility to maintain the property. Once the injured party (referred to as the plaintiff) has proved that the defendant was responsible for the property’s maintenance, they must prove three other things in order to win their case.

​

The first is that the defendant was negligent in their use and maintenance of the property. The second is that the plaintiff was injured. The third is that these two things are undoubtedly connected.

​

Proving Responsibility and Negligence

​

It can be difficult to prove that a non-owner was responsible for the maintenance of their leased or occupied property. Your objective is to establish that they failed to ensure that the property was safe for their intended use of it. For example, in most cases, you can argue that the owner of a store is responsible for the store’s safety before customers arrive, even if they don’t own that space.

​

In legal terms, negligence can hold someone accountable for the unintended harm caused by their failure to assess sources of injuries and apply the necessary precautions. In some instances, it may be necessary to prove that the defendant was aware of these hazards.

​

Some courts will take into account the status of the plaintiff in assessing the defendant’s responsibility to prevent injuries. There are two qualifying statuses, invitee and licensee, that could come into play and determine the way your attorney would need to shape your argument.

​

Invitees are people who entered the defendant’s property for the defendant’s financial benefit. This status also applies to people who have entered the defendant’s property because it is open to the public in general. The defendant is required to take reasonable precautions to make a property safe for invitees.

​

Licensees are people who have either the expressed or implied permission of the defendant to enter their property. Licensees have also entered the property for their own benefit. This would include social guests as well as salespeople or solicitors. The defendant is obligated to warn licensees about possible safety hazards but is not required to take further precautions.

​

Proving an Injury

​

To prove your injury, you will need access to your medical record. Under HIPAA laws, most healthcare providers must give you copies of your medical record if you ask them to. You will want to hire a premises liability attorney before you hand your medical record over to the defendant’s insurance company.

​

Some insurance companies will ask you to sign paperwork that would give them the right to access your entire medical history. They do this in order to find information about any pre-existing medical conditions you may have. This gives them the opportunity to build the case that your injury was due to this pre-existing condition and not the insured’s property.

​

They may also ask you to get an independent medical examination. Healthcare providers of their choosing perform IME’s and often provide medical opinions that are not in your favor.

​

An attorney can help you sift through all of this paperwork and prevent you from signing documents that will hurt your case.

​

Types of Premises Liability Cases

​

In order to shed more light one what qualifies as a premises liability case, we’ll take a look at some of the ones most commonly cited sources of injuries in premises liability claims.

​

Slip-and-fall cases are the leading cause of workers’ compensation claims. Workers’ compensation claims fall under a different legal category than premises liability claims. However, this high rate of slip-and-fall cases in the workplace is an indication that many businesses fail to prevent this type of accident from occurring.

​

Inadequate security, inadequate maintenance, and dangerous properties are also commonly cited factors in premises liability cases.

​

It should be noted that not all premises liability claims are filed against public or commercial property owners. There are instances where the injury occurred on private property. These injuries may include animal attacks as well as inadequate maintenance and so forth.

​

What Injuries Don’t Qualify?

​

It is important to recognize that just because you have been injured on someone else’s property does not mean that you are inherently entitled compensation.

​

If the accident was due to your own negligence, you will not have a case. For example, imagine that your shoes were wet from walking through the rain and you entered a building and slipped on their floor. It was not their wet floor that caused your fall but rather your own wet shoes, therefore you don’t have a case against them.

​

Alternatively, imagine that the floor of the property you entered was wet, but that wet floor signs surrounded the wet area. These signs are seen as necessary and reasonable precautions taken by the property owner. It will likely be ruled that you fell because you neglected to heed the signs.

​

There are even instances where the property was, in fact, dangerous in some way but the owner was not responsible for remedying the sources of danger. These cases are very nuanced and can vary from state to state. A lawyer will need to aid you in sorting through this information.

​

Your injury will not qualify for a premises liability claim if you were trespassing at the time of the injury. Trespassers are people who have unlawfully entered someone’s property. If someone is injured while trespassing, they will not be able to bring a case against the property owner.

​

It is worth mentioning that “faked” personal injuries can cost the defendant quite a bit of money. In the past, those who have faked a slip-and-fall accident in order to take a property owner to court have been charged with insurance fraud.

​

​

Can You File a Premises Liability Claim Alone?

​

It is entirely possible and within your rights to file a premises liability claim alone but it is not in your best interest. The insurance company you are seeking compensation from is experienced in these cases. They have been through this process and likely have staff devoted entirely to building a case against plaintiffs such as yourself.

​

As mentioned earlier, insurance companies will seek incriminating evidence that the injury was brought on by your own negligence or a pre-existing condition. An attorney can look over the fine print of any paperwork sent your way and help you to avoid making damaging concessions to the insurance company.

​

Additionally, insurance companies will likely push for a comparative fault settlement in order to lower their own costs. Comparative fault settlements stem from the argument that when you enter a property, you have a duty to exercise reasonable precautions for the sake of your own safety. In other words, the insurance company may argue that you should be on the lookout for hazards and avoid them appropriately.

​

An attorney will build a better case for you from start to finish. They’ll recognize tactics utilized by the insurance company to lay blame on you and know how to deflect them. They’ll also know when to settle and when to keep pushing, which will leave you with a larger amount of compensation and fewer unnecessary legal bills.

​

Overall, your case is in better hands with an experienced attorney.

​

​

Hire Experienced Premises Liability Attorneys

​

​

If you need to file a premises liability claim, your chances of receiving a settlement in your favor are greatly improved by hiring an attorney. Insurance companies can be ruthless in their attempts to get out of paying up and an experienced attorney will know how to fight back.

 

Contact us to find out if you have a case. We’re ready to help you receive the compensation you deserve.

​