Are You Liable if Someone Gets Hurt on Your Property?

You can file a lawsuit if you have been injured due to someone else's negligence. This lawsuit also applies to injuries that occur on someone else's property. For example, suppose you get hurt after an attack by robbers at an apartment's parking lot. In that case, you may have a valid claim if the attack happened due to the property owner's failure to provide adequate security, such as proper lighting.

It is important to note that when you get injured on someone's property, such a case falls under the legal concept of premises liability. Common examples of premises liability cases include:

• Slips and falls
• Swimming pool injuries
• Falling tree accidents
• Electrocution accidents
• Dog bites
• Parking lot accidents
• Construction site negligence

Here are some important steps to take if you get injured on someone's property:

• Seek immediate medical attention
• Report the injury to the property manager or owner
• Take photos and videos of the dangerous condition that harmed you
• Collect the contact information of any witnesses
• Contact an experienced premises liability attorney

Depending on the nature of your injuries and the circumstances of your case, you can claim economic and non-economic damages.

Some economic damages that could arise from such a case include medical expenses, lost wages, transportation costs, lost earning potential, etc. On the other hand, non-economic damages may include the likes of mental distress, pain and suffering, and loss of enjoyment of life.

The judge or jury might also rule that the defendant was grossly negligent. For example, failure to fence an apartment swimming pool is considered gross negligence due to the heightened risk of drowning, especially for kids. As a result, the court might award you punitive damages.

Punitive damages are meant to punish the defendant for their gross negligence. They also serve as a warning to other parties to avoid such conduct. However, punitive damages are never guaranteed. The court has the power to award or decline to award such damages. Additionally, some states have caps on punitive damages, meaning plaintiffs cannot recover more than a specified amount.

Some common injuries in these cases include the following:

• Whiplash
• Back and neck injuries
• Head injuries
• Spinal cord injuries
• Broken bones
• Burns
• Cuts and bruises
• Brain injuries

Most homeowners usually have some form of insurance protecting them against such incidents. In fact, many residential properties do not allow tenants to move in without homeowners' insurance. Therefore, when you file such a claim, you target the homeowner's insurance provider, not the individual responsible for the injury.

The kind of evidence required to prove your case will depend on the unique circumstances of the case itself. That said, your case should meet the elements of a premises liability claim.

This involves providing that:

The property owner owed you a duty of care. This means that they were responsible for your security at the property.

The property owner breached their duty of care. In other words, the property owner (or occupant) was negligent.

You suffered injuries due to the property owner's breach of duty of care.

And, finally, you suffered damages due to the injuries you sustained.

When demonstrating that you suffered injuries due to the property owner's negligence, you must also show that negligence was the proximate cause of your injuries. 

You can sue for any reason just as long as it has something to do with the property owner's negligence. However, some cases are usually more common than others. Examples of these cases include the following:

Lack of adequate security. Also known as negligent security under premises liability law, this claim holds the other party responsible for injuries you sustained due to the party's failure to provide reasonable security.

Inadequate lighting. You may also have a valid claim if you got injured due to the property owner's failure to provide adequate lighting. Slipping and falling on a dark staircase is a good example of such a situation.

Failure to warn. If the property owner knew or should have known about a dangerous condition on the property but failed to warn you, such negligence would warrant a lawsuit.

Under normal circumstances, trespassers cannot sue if they get injured on someone's property while trespassing. This is because the property owner or occupant is not responsible for the trespasser's security. From a legal standpoint, the property owner could argue that the individual was uninvited to the property.

However, even though the defendant might not be responsible for the trespasser's safety, they might be liable to a certain degree if they willfully contributed to the trespasser's injuries.

Here is a hypothetical example of such a situation:

John loves sneaking into Peter's swimming pool at night. To deter John from accessing the property, Peter sets up a live electric wire as a trap to have the trespasser electrocuted. Unfortunately, the next night, John gets electrocuted while attempting to trespass into Peter's property. He then suffers severe burns and will require reconstructive surgery.

In that case, Peter might be liable for John's injuries even though the latter trespassed at the former's property when the incident happened. The argument is that Peter intentionally caused John's injuries by setting up the live wires.

The deadline for filing a premises liability varies from one state to another. That said, most states have a two-year filing deadline. This deadline is usually known as the statute of limitations and begins to count from the date of the injury.

When the deadline expires, the plaintiff loses the right to pursue legal action against the defendant. However, a few exceptions to this rule might allow the plaintiff to file a lawsuit against the defendant even after the statute of limitations has expired.

Premises liability cases are never the same—they vary from one case to another. For this reason, there is no standard amount of compensation you should expect to recover. However, you may take specific steps to increase your chances of recovering and maximizing your claim.

Examples of these steps to maximize your claim include the following:

• Following your doctor's instructions
• Not discussing your case with anyone, including your friends or community on social media
• Preserving crucial evidence to support your claim
• Hiring an experienced premises liability lawyer to fight for you

The correct answer to this question will depend on the laws of the state where the accident occurred. Each state follows a certain negligence law regarding personal injury cases in general. Here is an overview of such laws:

Contributory Negligence

In a contributory negligence state, you cannot recover compensation if you were partly responsible for the injury, even by 1%. Alabama, Maryland, North Carolina, and Virginia are good examples of contributory negligence states.

Pure Comparative Negligence

In a pure comparative negligence state, your recovery is reduced by your share of fault. For instance, suppose you were 40% at fault for the accident. In that case, you can only recover 60% of the damages.

Modified Comparative Negligence

States that follow the modified comparative negligence doctrine usually have a cap of either 50 or 51%. States with a 51% cap do not allow plaintiffs to recover damages if they were 51% or more responsible for the accident. Similarly, states that apply the 50% cap rule do not allow the plaintiff to recover damages if they were at least 50% responsible for the accident.

When you file a premises liability claim, you bear the burden of proof. This means that it is your legal responsibility to prove that the other party was responsible for your injuries. However, you will likely face opposition from the defendant when you file such a lawsuit.

Some possible legal defenses against such claims include the following:

• The defendant did not owe you a duty of care, meaning they were not responsible for your safety
• You were partly responsible for the accident
• Any reasonable person in a similar situation would have avoided the dangerous situation
• The statute of limitations for the case has expired
• The defendant is not responsible for the property

No doubt having an attorney can significantly improve your chances of winning such a case. As discussed, it is one thing getting injured on someone's property and a totally different thing to prove the injuries and your right to compensation.

Even though the elements of a premises liability claim may seem pretty straightforward on paper, they are usually challenging to apply in real-life situations. But things could be different when you have an attorney fighting for you. This is because premises liability attorneys understand the complex laws that apply to such cases. They also know how to navigate the complexities of these cases and fight for the best possible outcome.

In addition, premises liability attorneys always have their client's interests at heart. Unfortunately, the same cannot be said about insurance companies. While these companies only aim at minimizing the settlement you or your loved one deserves, an attorney fights hard to ensure you receive what you are entitled to.

Remember that attorneys are usually motivated by the need to win huge settlements. This is because they get paid when you win.

These cases take months and sometimes years to settle. In most cases, out-of-court negotiations usually take a shorter time than the in-court option. In addition, the other party's willingness to settle also determines how soon the case will be closed. If the defendant is unwilling to cooperate, the case will likely drag on for a while before settling.

Morgan & Morgan understands how complex these cases can be. We also know how terrible it feels to nurse injuries caused by someone else's negligence. Even worse, dealing with insurance companies can cause more pain than you could ever imagine.

However, that does not mean you should give up on your claim, that is if it is valid. But how do you know whether you have a valid claim in the first place?

Here is the answer—Morgan & Morgan will review your case for free. All you need to do is fill out our free case evaluation form.