You slipped and fell in a puddle inside the entrance of your local grocery store. Can you sue someone if you suffered an injury on their property? Generally, yes. You can be entitled to compensation for your injuries and other damages if you injure yourself on someone’s property.
However, a premises liability claim is complex, so you should have your case reviewed today by a personal injury attorney. They will review your case for free and decide if you deserve a settlement check.
Premises Liability Law Overview
A premises liability claim may arise if you or a loved one suffers an injury on another person’s or entity’s property. Any property that has a hazardous condition that injures a visitor or guest can lead to a product liability claim, including a:
- Personal residence
- Grocery store
- Shopping mall
- Sidewalk or parking lot
- School
- Theater
- Bar or nightclub
- Restaurant
Premises liability law states that the property owner may be liable for any injuries you suffer on their property if a dangerous condition causes the incident. Property owners owe visitors and guests a duty of care. If they violate their duty of care, you can be eligible for compensation for your injuries and losses.
Common Premises Liability Claims
You can have a premise liability claim for almost any type of accident or incident on another party’s property related to a dangerous condition:
- Slips, trips, and falls are the most common types of premises liability lawsuits. Common slip and fall claims are due to wet floors, icy sidewalks, spills, uneven surfaces, broken steps, lack of handrails, and loose carpeting.
- Inadequate security: These claims relate to injuries caused by criminal activity, such as assault, robbery, or rape. You can sue a bar, restaurant, or nightclub owner for lacking security to keep people safe.
- Swimming pool incidents: Many swimming pool injuries and fatalities involve minors who gained access without permission. The property owner may still owe a duty of care to a minor who trespassed.
- Dog bites: A pet owner can be held responsible for injuries caused by a dog or other pet.
- Escalator and elevator accidents: Faulty doors, broken ceiling panels, and equipment malfunctions may cause these accidents.
- Fire: A property owner who doesn't have property safety measures can be held responsible for fire injuries.
Proving Liability In A Premises Liability Claim
In most states, you have the burden of proof to show that another party is liable for your losses. Usually, you need to prove that another party was negligent to be eligible for compensation. In a personal injury claim, proving negligence involves the following steps:
- Duty of care: The property owner has a duty of care to you when on their property. For example, an apartment building owner must ensure that the parking lot and entrance are safe for people to walk.
- Breach: The property owner violated their duty of care. For example, ice and snow were left uncleared and untreated in the parking lot.
- Injury: You fell in the parking lot of the apartment building and broke your elbow.
- Causation: The injuries and damages you incurred were related to the breach.
In a premises liability claim, you must prove the claim by a preponderance of the evidence. This means proving by the evidence that the property owner is more likely than not to be liable for your injuries. A premises liability attorney can examine the evidence and determine what is needed to prove your case.
Some of the evidence that your attorney may use to prove negligence include:
- Eyewitness statements: Witnesses may have seen the incident or accident. Or, they may have seen the dangerous condition that injured you.
- Pictures and video: You or witnesses may have photo and video evidence from the accident scene that shows the property's condition. For example, after falling on broken steps, you may take pictures of the stairs to show its dangerous condition. Your attorney may also obtain surveillance footage of the incident.
- Law enforcement report: The police report can be helpful evidence for the investigation. It may have the officer’s opinion about what caused the incident. The report can aid the insurance investigation but cannot serve as evidence in court.
How Do You Obtain Compensation For A Premises Liability Claim?
There are two ways that an injured person can obtain compensation for their injuries on someone’s property. First, you may file a claim against the liable person on their insurance policy. The property owner probably has liability insurance, whether the property is a residence or retail location.
The insurance adjuster will review the claim and determine if they accept liability. If the adjuster accepts liability, you need to negotiate to ensure you receive a fair settlement. This process is often tricky, and a premises liability attorney can suggest you receive the most compensation.
However, the insurance company may deny liability. Or, it may offer less compensation than you want. Then, you can file a premises liability lawsuit against the owner. Your premises liability attorney may recommend filing a lawsuit first because you can obtain more critical evidence during the discovery process.
Compensation In A Premises Liability Claim
It is on you and your premises liability attorney to maximize your compensation in the case. The insurance company will try to limit what they pay you. Your attorney will carefully calculate your claim’s full value and negotiate aggressively for the highest settlement. Potential compensation may include:
- Medical expenses: You should receive compensation for medical bills related to your injuries. These may include ER and ambulatory services, hospitalization and surgery, rehabilitation, drug costs, etc. For a long-term disability, you can receive compensation for future medical care.
- Lost earnings: You are entitled to lost earnings related to the accident and treatments from your injuries. You can receive lost earning capacity compensation if you have a permanent injury.
- Pain and suffering: Many injuries and treatments are painful, so you should be compensated for pain and suffering.
- Emotional distress: You can have emotional and mental anguish from your injuries and condition after the accident.
You have only one opportunity for compensation in your claim. The liable insurance company will have you sign a release of liability once you agree to a settlement. Your future must maximize your settlement compensation by contacting a premises liability lawyer.
Levels Of Care In A Premises Liability Claim
All states, such as New Mexico, have different standards relating to the level of care that property owners owe people on the property. They are:
Invitees
A property owner has the highest duty of care to invitees. They were allowed on the property for a legal reason. For example, the owner or manager invites people shopping in a grocery store to do business there. A property owner must keep the establishment safe and warn invitees of known hazards.
For example, suppose it’s raining, and water is inside a grocery store entrance on the floor. The property owner must keep that area mopped and as dry as possible. They should also place Wet Floor signs to warn people that the floor is slippery.
Licensees
A property owner must protect others who enter the property, including social guests. The property owner must warn a licensee of any known danger that isn’t obvious. Property owners owe licensees a duty of care, but it's less than the duty owed to invitees.
Trespassers
Property owners owe trespassers little, if any, duty of care except to avoid purposely harming them.
A premises liability attorney will fight hard to obtain compensation if you were an invitee or licensee injured on someone’s property.
Who Can Be Sued For Damages In A Premises Liability Claim?
You usually will sue the property owner for a premises liability case. The owner is typically the person who owes you a duty of care. However, the owner may not always be responsible for your injuries. Another party, such as an operating manager, may have leased the property. The person who controls the establishment or property every day is usually the one who must pay damages in a premises liability claim.
Unfortunately, the correct defendant isn’t always apparent after the accident. The property can be in the company’s name, and you must find the proper person or entity to sue. Your premises liability lawyer can investigate the property’s ownership and determine who controlled it so you can file the claim correctly.
Filing a claim against the wrong person or entity can lead to you not receiving compensation for your losses. A premises liability lawyer will ensure that does not happen.
Common Defenses In A Premises Liability Claim
You may have a bulletproof case. For example, you slipped on a wet floor inside your apartment building, breaking your angle. However, a skilled attorney may raise several effective defenses to undermine your claim. That is why it’s critical to retain an experienced premises liability attorney to make your case:
- Lack of notice: The property owner may argue that they didn’t know about the hazard. However, your attorney may argue that they should have been aware by conducting regular inspections and performing maintenance.
- Addressing an open and obvious danger: The owner may claim that the hazard was open and obvious. Your attorney can argue that inadequate lighting, small, hard-to-read warning signs, and other factors made the danger unavoidable.
- Assumption of risk: The owner may claim that you assumed the risk of injury. Your attorney may show you didn’t know about the danger or that the risk was higher than it should have been.
What Is Your Premises Liability Claim Worth?
A premises liability lawsuit can be worth thousands or millions of dollars. Everything depends on the case details and your injuries and related losses. Always have a premises liability attorney evaluate your case by examining these case factors:
Injury Severity
There is a direct link between the severity of your injuries and the value of your settlement. More severe conditions, such as a traumatic brain injury, will increase the settlement amount to pay for the long-term medical care and rehabilitation required.
For instance, a severe brain injury can lead to long-term cognitive problems and permanent dependency on medical care. This care can cost hundreds of thousands of dollars annually.
Medical Costs
Your attorney will provide full documentation of every medical bill paid related to the injury. Documentation should include ambulatory services, ER visits, hospitalization, surgery, and rehabilitation. You should also cover future medical expenses. Your premises liability attorney will work with your medical team to understand your future medical needs.
Lost Earnings
The income you lost while recovering from the injury is another significant aspect of your claim. This part of the settlement covers the money lost during recovery and future lost income that may be affected by a long-term injury.
For instance, if a slip and fall injury occurs, you should receive compensation for your current income, potential promotions, income increases, and job advancements you may have missed. Additionally, you should receive compensation for the emotional and physical toll the injury has placed on your quality of life.
Pain And Suffering
This is a non-economic damage you can receive for your injury. You will get more pain and suffering compensation for a severe injury, such as compound fractures, spinal cord injury, or severe brain injury. You can receive more compensation for a serious injury for mental distress and emotional anguish.
Insurance
The insurance policy of any liable party can influence your settlement. Their liability insurance may be limited, leaving you without full compensation for your losses. Retaining a seasoned premises liability attorney is critical to ensure you get the most insurance coverage possible.
Talk to a premises liability attorney to understand your liability case's worth.
Talk To A Premises Liability Attorney Today
An injury on another person’s property can cause severe injuries and losses. Don’t confront the liable person and their insurance company without sound legal advice. A premises liability attorney will ensure you have the strongest case possible. Speak to an attorney in your area today for a free legal consultation.