Injuries caused by dangerous property conditions can be catastrophic. In the U.S., slip-and-fall accidents account for around 15% of all accidental deaths and create more than 8 million visits to the emergency room each year. But slips, trips, and falls aren’t the only injuries caused by unsafe conditions. Some injuries are caused by toxic substances, like asbestos, mold, and excessive dust. If you’ve been injured on someone else’s property, understanding who is responsible and why can help you seek proper justice.
Let’s break it down.
When property owners owe you a duty of care
Property owners are legally responsible for the safety of all guests, but the extent of those obligations depends on the type of visitor. There are three main categories of guests:
- Invited guests. These are people who are explicitly invited or welcomed on the property. They include customers or clients, friends, family, neighbors, and anyone else invited over for any reason.
- Service professionals. These are professionals who come to the property to perform work. This group includes roofers, plumbers, landscapers, and any other service professionals.
- Trespassers. Trespassers are uninvited and can include curious kids, people looking for mischief, and thieves.
Generally speaking, property owners must maintain safe property conditions and fix issues like protruding nails, loose railings, and potholes, and warn guests of known hazards. In many states, if someone trips in a pothole they were never warned about, they can sue – including trespassers.
What’s the deal with trespassers?
While homeowners don’t have to go out of their way to protect undiscovered trespassers, they do need to protect trespassers they know about. For example, if they know people regularly cut through their yard to access a local park, they generally must warn those people about known hazards, like a giant hole behind the garage.
Property owners are also bound by the“attractive nuisance” doctrine, which makes them responsible for injuries sustained by children and possibly even teens who wander onto their property to play with something like a trampoline, playground equipment, or pool.
Whether or not you were trespassing at the time of your accident may not matter in terms of your ability to take legal action.
Proving liability
If you’re going to file a premises liability lawsuit for your injuries, you’ll need to prove negligence in four areas:
- Duty of care. First, you must prove the property owner owed you a responsibility of care based on your visitor status.
- Breach of duty. Next, you must prove (with evidence) that a known hazard existed and wasn’t fixed. Your evidence can include photos, videos, maintenance logs, witness statements, and inspection reports.
- Causation. You must connect the hazard to your injury. For instance, if you fractured your foot falling down broken stairs, you’ll need to prove your injury resulted from that broken staircase.
- Damages. An injury without damage won’t go anywhere. You’ll need to prove damages, like medical bills, lost income, and possibly pain and suffering.
All four of these elements must be proven to win a premises liability claim.
When does it make sense to sue?
If you’re wondering whether or not you should file a lawsuit, don’t hesitate to contact a personal injury attorney for advice. They’ll review your case and tell you if you have a chance at winning. If you’re worried about suing someone because you feel like it’s not morally correct, consider that you shouldn’t have to pay for your medical bills to heal from an injury caused by someone else. They are in the wrong, not you.
Filing a personal injury lawsuit isn’t hard, and it doesn’t have to be stressful. Your lawyer will do all the hard work. And there’s a good chance your case will settle before going to trial, which means it won’t drag out and you’ll start getting settlement money sooner rather than later.
If you were injured on a commercial property, the business owner should have coverage under a general liability policy that will cover your payout. The same is true for homeowners. However, if you were injured at a friend’s house, you might not want to sue them, and that’s understandable. Consider the extent of your injuries, the cost of your medical bills, and how willing your friend is to take responsibility for the situation. If they’re not voluntarily paying your medical bills or telling you to file a claim with their insurance, filing a lawsuit might be for the best.
Don’t let anyone off the hook
Owning property comes with a lot of responsibilities, including a legal requirement to maintain safe premises. If you’ve been injured by a hazard you were never warned about, don’t hesitate to file a lawsuit to get justice and the financial compensation you deserve.
