When a person slips, falls, or otherwise injures themselves on someone else’s property, that person may have the grounds to file a personal injury lawsuit for damages. This type of case will be built on what is known as “premises liability.” Premises liability refers to the legal duty a property owner has towards anyone who comes onto his or her property.
There are two primary elements used to determine fault in a premises liability claim:
- Whether the property owner acted in a reasonable manner to prevent or address a dangerous condition
- Whether the injured party was careless
In other words, for the injured party to have a strong claim, the property owner must have known about the dangerous condition and been careless in remedying or addressing it. Premise liability cases can be divided into three general categories by the location of the injury.
- Business liability for injuries
If you have suffered an injury on the premises of a business property due to property owner or employee negligence, you may have grounds for a personal injury claim. Business property owners have a legal duty to do everything that’s reasonably within their ability to make their property safe. Property owners are responsible for putting in place adequate safeguards (again, within reason) to protect visitors from harm.
- Residential injuries that take place in a home or apartment
These types of claims will usually involve homeowners insurance. If you are injured at home, be sure to carefully go over your homeowner insurance policy to assess your coverage. Every year insurance companies reject numerous claims for injury claims that are not covered.
- Injuries that take place in other locations
These types of cases can be tricky as it can be hard to know how to proceed or who to make a personal injury claim against. Some premises that may fall under this category include:
- Parking lots or garages
- Sidewalks and walkways
- Public or government property