Who’s At Fault If I Get Injured on Someone Else’s Property?
If you’ve been hurt on someone else’s property, you may have a claim for compensation against various parties at fault for your injuries or who bear responsibility for your harm and loss.
Understanding Premises Liability
Premises liability refers to the legal doctrine that imposes a responsibility upon property owners to keep their premises safe for visitors. Property owners who breach their duty of care to visitors by creating or allowing hazardous conditions on their property may bear liability to visitors who suffer injuries in accidents caused by those hazardous conditions. A property owner’s duty will depend on a visitor’s legal status.
Owners owe invitees – people invited onto the property by the owner or who enters property held open to the public – the highest duty to take reasonable steps to discover hazardous conditions on the property and remedy those conditions or warn invitees of their presence.
Owners owe licensees – people who enter property with the owner’s consent or other lawful authority – a duty to remedy hazardous conditions known to the owner or warn licensees of their presence if the owner expects that a licensee would not discover or realize the condition.
Owners owe trespassers – people who unlawfully enter the property – no duty except to refrain from willfully and unlawfully injuring them.
Determining Fault in Property Accidents
Proving a property owner’s or another party’s fault for your accident and injuries may require various kinds of evidence, such as:
- Accident scene photos
- Surveillance video
- Accident/incident reports
- Eyewitness statements
- Maintenance records
- Accident reconstruction expert reports and testimony
Who Can You Hold Liable for Your Injuries
Depending on where you get hurt and the circumstances of an accident on someone else’s property, various parties may bear responsibility for the harm and loss you’ve endured after getting hurt on another party’s property, such as:
- The property owner
- The property occupier, such as a residential tenant or commercial business
- The property management company
- The property’s maintenance companies, such as janitorial services or landscaping contractors
Steps to Take After an Accident on Someone Else’s Property
After an accident on somebody else’s property, steps you can take to put yourself in the best position to pursue a premises liability claim include:
- Report the accident to the property owner or occupier as soon as possible.
- Seek prompt medical attention to diagnose your injuries.
- Follow your doctor’s treatment plan and recovery instructions.
- Request copies of your medical records of your treatment and rehabilitation.
- Keep all bills, invoices, and receipts of your recovery costs.
- Gather your pay stubs or income statements if you must take time off work or transfer to a lower-paying modified duty role due to temporary disabilities.
- Contact a premises liability lawyer as soon as possible to discuss your legal options for compensation for your injuries and losses.
Contact a Premises Liability Lawyer Today
If you’ve suffered injuries in an accident on someone else’s property, you may have the right to seek financial compensation from the property owner or other parties. Let a premises liability attorney from Stine & Associates, P.C. help you get the justice you deserve. Contact our firm today for a free, no-obligation consultation with our team to discuss your legal options.