On average, people get 9,672 minor injuries in their lives. However, sometimes bigger incidents happen, too. And when they happen on someone else’s property, you could have a premises liability case.
Getting injured is never fun. It can be expensive and cost you days of work, missed vacations, and more. Compensation won’t completely make up for what you missed, but it can help take away some of the emotional and financial burden of recovery.
Not sure how premises liability works, or how to get your compensation? We’ve got those answers and more for you here. Keep reading to learn what you need to know about a premises liability claim!
What Is Premises Liability?
People who live on or own a piece of property are considered legally responsible for taking reasonable steps to prevent danger. This is what’s known as “premises liability.”
The expectation is that the people in charge of the property won’t let seriously dangerous situations go on without fixing them. Although they can’t prevent every possible source of risk, they can do their best to ensure visitors to the property will be safe.
Who Is Liable in a Premises Liability Claim?
Generally speaking, the owner of the property, or the person responsible for it (like ) will be held liable. However, the claim won’t be valid if the person who got injured was acting unsafely. There are also a few other situations that affect these claims — let’s take a closer look.
When the Owner Is a Landlord
Landlords don’t have the same liability in these claims as other kinds of property owners. For the most part, landlords give up control on a property by leasing it out, so they aren’t held liable for what might happen on property occupied by a tenant. However, this rule doesn’t hold in every case — there are exceptions.
When the Injured Person was Trespassing
It might seem like trespassers wouldn’t be eligible for a premises liability claim. But in some cases, the law holds that property owners need to keep property reasonably safe or post warnings about danger if there’s a good chance trespassers will be on their property.
For example, if the property owner created a dangerous condition on their property, they might be held liable for not warning people about it, even if those people were there illegally.
When the Injured Person Was at Fault
When visiting someone else’s property, you’re expected to take reasonable safety precautions. If you didn’t, the property owner will probably argue that you were at fault for getting injured — and they may be right.
However, it’s also possible that both parties were partially to blame. In these cases, you might be held liable for a percentage of your injury, while the property owner is liable for the other percentage.
In that case, the amount of compensation will be decided based on the percentages of liability.
How Do I Get Compensation?
With these things in mind, you can probably tell whether or not you have a premises liability case.
If you think you’re eligible for a premises liability claim, it’s a good idea to try to get compensation. Let’s go over the exact steps you’ll need to take for your legal case.
1. Get Medical Attention
Seeking medical attention right away is a good first step for your premises liability claim. If you wait to get medical help, your injuries could get worse before you realize it. It’s also harder to tie the injury to the location where it happened if you wait to get treated.
Call the medics right away, or visit your doctor or a specialist as soon as you can, depending on the severity of the injury. If it’s a very serious injury, this step will take precedence above everything else. But if it’s not, you’ll want to also move on to step two before you leave the premises.
2. Document Everything
As long as you’re able to do so with your injury, you should start documenting the scene before you leave. Take pictures of the place where you got injured, and any warning signs or lack thereof. You can also take pictures of your injury.
If there were witnesses, get their contact information so they can back you up later if need be. Make sure you also report the incident to whoever’s in charge of the property, such as the manager on duty at a business. Get a copy of whatever incident report they create.
3. Contact a Lawyer
Your next step is to get in touch with a lawyer as soon as you can. Find a personal injury attorney, since they specialize in this kind of case.
The business or property owner likely has an insurance policy, and the insurance company’s lawyer will be defending them. You’ll need a great lawyer on your side. Even if your case seems straightforward, it’s very hard to defend yourself without legal expertise.
4. Avoid Communication
You’ll want to talk to your lawyer — but no one else.
The insurance company representing the place where you got injured will probably try to contact you. Don’t talk to them. Even seemingly innocent statements can be taken as proof that the injury was your own fault.
Be careful even when talking about the case to friends and family. Avoid making statements in writing that could be held against you later. Generally speaking, the less you talk about it with everyone but your lawyer, the better.
5. Follow Your Lawyer’s Instructions
The lawyer will handle everything from here on out. First, there will probably be negotiations, and if those fail, then you might file a lawsuit. An experienced personal injury lawyer will know the right steps to take, so you don’t need to worry.
Looking for a Personal Injury Attorney?
If you’ve been injured in a premises liability accident, it’s time to find a lawyer. The sooner this happens, the sooner you can move forward toward getting compensation.
It’s also a good idea to look for a lawyer with experience in your specific situation. Was your injury a slip-and-fall accident? Then check out our guide to .
