Premises Liability And Filing A Claim

Premises liability is an area of personal injury law that holds property owners and managers responsible for keeping their spaces reasonably safe for visitors. If someone gets injured because of unsafe conditions on someone else’s property, they may have grounds to file a premises liability claim. Whether the accident happened in a store, a parking lot, an apartment complex, or a private home, a personal injury lawyer can help determine if the property owner’s negligence played a role and whether the injured person is entitled to compensation. Our friends at Presser Law, P.A. explain how premises liability can be an issue in a personal injury case, below. 

When Property Owners Are Liable

Property owners have a legal duty to maintain their premises and fix any hazards that could harm others. This includes keeping walkways clear, repairing broken stairs, putting up warning signs for wet floors, maintaining lighting, securing handrails, and addressing known dangers like uneven pavement or faulty wiring.

If a property owner fails to fix a hazard they knew—or should have known—about, and someone gets hurt as a result, that owner can be held liable. However, not all injuries that occur on someone else’s property automatically mean the owner is at fault. To file a successful premises liability claim, it must be shown that the property owner was negligent and that their negligence caused the injury.

Common Types Of Premises Liability Cases

Slip and fall accidents are among the most frequent types of premises liability claims. These can happen due to wet floors, icy sidewalks, loose carpeting, or poor lighting.

Other common situations include injuries from falling objects in stores, dog bites occurring on private property, accidents in swimming pools without proper fencing, elevator or escalator malfunctions, and fires or toxic exposure due to code violations.

In apartment complexes or hotels, lack of security can also become an issue. If someone is injured because a building lacked proper locks, lighting, or surveillance, the property owner or manager may be held accountable.

Who Can File A Premises Liability Claim?

Generally, people who are lawfully on the property—such as customers, tenants, delivery workers, or invited guests—can file a claim if they’re injured due to unsafe conditions. Trespassers usually have fewer rights, but there are exceptions, especially if the property owner created a hazardous condition intentionally or if a child is involved (such as with an unfenced pool, also known as an “attractive nuisance”).

What To Do If You’re Injured On Someone Else’s Property

If you’re hurt on another person’s property, it’s important to act quickly. Report the injury to the property owner or manager right away and ask for an incident report if one is available. Take photos of the scene, including anything that contributed to the accident, such as poor lighting, spilled liquids, or broken structures.

Seek medical attention as soon as possible, even if the injury seems minor. Medical records will help establish the link between the accident and your injuries. Then, contact a personal injury lawyer to review your case and advise you on the next steps.

How A Personal Injury Lawyer Can Help

Premises liability cases often require a detailed investigation to prove negligence. It is crucial to know how a personal injury lawyer can help you after an accident. A personal injury lawyer will gather evidence, speak with witnesses, consult experts, and deal with insurance companies on your behalf. They can also help calculate damages, including medical bills, lost wages, pain and suffering, and any long-term care needs.

If you’ve been injured due to unsafe conditions on someone else’s property, don’t assume it was just bad luck. A premises liability lawyer can help determine whether your injury was preventable and whether you’re entitled to compensation. Taking legal action not only protects your future—it can also help prevent similar injuries from happening to others.