What is Premises Liability Law – When to Hire an Attorney

Premises liability is a branch of personal injury law meant to protect victims who were hurt in private or public property due to negligence. If you need the best representation possible, you may need to hire a premises liability lawyer for your case.

Personal injury is a broad sector of tort law that involves anyone who sustained losses due to another party’s negligence. Examples of which are:

• Burn injuries
• Defamation lawsuits
• Dog bites
• Traumatic brain injury

Premises liability cases are difficult to navigate alone, but this guide can help summarize important info before tackling your case. If you need specific advice; however, reach out to a premises liability attorney for legal advice specific to your condition.

Who May Be Involved in a Premises Liability Lawsuit?

People involved in a premises liability lawsuit are those who step foot on the premises and the property owner or occupier. Below are potential parties that may have been involved in premises liability.

It’s important to learn what type of visitor you’re classified as, since it determines how much liability the property owner carries in your case.

Invitee

People invited for business or commercial purposes are considered invitees, which may include shoppers, contractors, or delivery persons. Property owners owe invitees the highest duty of care because invitees economically benefit the business owner in some way.

Examples of invitees may include:

• Passengers on a cruise ship
• Customers in a restaurant
• Gym goers hurt due to faulty equipment

Owning a business makes its customers an invitee, and the business owner carries the greatest liability if something goes wrong.

If an employee was hurt at work due to a danger in the premises, they may instead qualify for a workers’ compensation claim instead of premises liability.

The property owner may be liable for your injury if they were aware of potential dangers or threats, but did not address the situation.

Licensee

Licensees include visitors who were invited by the property owner, separate from business reasons. If you visit a friend’s house to hang out, you would most likely be considered a licensee.

The property owner must keep their property safe for licensees and alert them of any potential hazards that may cause harm. Property owners still owe licensees duty of care, but its range is more limited than an invitee.

Social Guest

Social gatherings for guests like house parties are also part of the licensees’ category. Comparingly, to a licensee, the property owner is responsible for their social guests being safe in their home or property.

However, there are limits to what the property owner can control; the best they can do is warn their guests. The property owner may not be fully at-fault if guests were properly warned of the risks to entering their property.

Trespassers

Trespassers are those who were uninvited by the property owner. Property owners are not legally responsible for the safety of trespassers, but they cannot intentionally hurt them.

Property owners cannot set traps or intentionally create dangerous conditions to harm trespassers. If there are dangerous areas in the property, the owners must have proper warnings to prevent further injury.

How to Prove a Premises Liability Claim

There are four aspects of a premises liability claim you must prove to qualify for compensation for your losses. The best way to prove these claims is to find a premises liability lawyer who knows your state’s laws:

1. The defendant must own or occupy the property where you sustained injuries.
2. The defendant exhibited negligence in maintaining their property.
3. You sustained actual damages due to their negligence.

You’ll need the right evidence to directly support the above claims. Evidence to prove your premises liability claim can be:

• Photos of the accident scene such as the layout or location
• Videos of surveillance that captured the incident
• Police report showing details of the accident
• Medical testimonies from a doctor that describe the severity of your injury

What if Both Parties are At-Fault?

In situations where both parties may be at fault, your state’s comparative negligence laws may determine your damages and how much is deducted from the defendant.

Comparative negligence is followed by most states when resolving how much each party contributed to the accident.

Even though comparative negligence allows you to receive compensation despite being partially at-fault, your total settlement is reduced by your percentage of liability.

For example, if you were 25% at-fault in your premises liability case, you’ll be awarded 75% of your total settlement. For some states, if you carry 50% or more liability for your accident, you cannot receive compensation for your losses.

Examples of Premises Liability Cases

Premises liability has all types of cases that range from slips and falls, to unrestrained animals, security failures, and more.

Slip and Falls

About 20–30% of falls result in moderate or severe injury such as deep bruising, fractures, and concussions. It’s the property owner’s job to use proper signage to alert visitors of a dangerous area that can cause falls. This is especially true for cases involving hazardous conditions, such as slipping and falling on ice.

IMPORTANT: The U.S. Bureau of Labor Statistics showed that in 2022, the majority of slip and falls occurred in construction industries, with 47.4% of deaths that year.

Unrestrained Animals

An unrestrained animal in a home can be considered a dangerous condition according to premises liability law. Pet owners are vicariously liable for the dangerous actions of their pets. Precautions like beware of dog signs are crucial to preventing such premises liability cases from happening to visitors.

Security Failures

A failed security system can cause widespread injury as it allows violent crime to occur to its residents. Property owners must secure their entrances and hire appropriate staff to prevent further harm to their residents.

Security failures can happen when property owners or managers fail to take the following precautions to keep visitors safe. Examples of security failures may include:

• Broken locks or doors
• Damaged fences or gates
• Failure to warn guests of potential hazards
• Ignoring complaints from tenants or renters
• Insufficient security personnel
• Inadequate lighting

A lot of failed security has caused harm to residents and visitors. Thus, finding an attorney is key to acquiring compensation for your injuries due to faulty security.

Reporting a Premises Liability Claim

To report a premises liability claim, first inform the property owner or landowner of your injury. You may request an accident report for a copy of your records. Gather information on the incident by taking pictures, videos, medical statements, and police documents, or finding witnesses.

Call the property manager’s insurance company with your attorney and submit a demand letter to negotiate a settlement.

Statute of Limitations for Premises Liability

The statute of limitations in premises liability may vary by state and have stricter timelines than others. Generally, it takes about two to four years from the time of injury to file a claim. Thus, file a lawsuit before it’s too late to avoid losing your right to sue for premises liability.

Landlords and Premises Liability

Landlords are legally responsible for keeping their rental properties safe for tenants, guests, or invitees. They may be held liable if they fail to maintain their property and cause someone to be injured or killed. Below are the responsibilities landlords have in terms of premise liability law:

• Regular inspections of property for potential dangers
• Warning signs should be placed for hazardous objects or areas
• Frequent maintenance checks of their property
• Report problems to tenants or residents
• Hire certified contractors or workers to help fix potential damages
• Duty of care to all residents, visitors, or guests

You can seek compensation for medical costs, lost income, pain and suffering, or other damages if the landlord is responsible for your losses.

Types of Compensation in a Premises Liability Case

Depending on your injury and the state you reside in, the types of compensation you receive differ due to the laws and statutes of limitations per state. Generally, the types of compensation are economic and non-economic damages.

Economic damages are monetary financial losses you suffered such as lost wages, medical expenses, rehabilitation costs, out-of-pocket costs, etc.

Non-economic damages are the intangible losses you sustained from your injuries. These are subjective and can be difficult to place an amount on as it measures your emotional distress, reputational damage, or loss of enjoyment of life.

An experienced personal attorney can help calculate your monetary and non-economic losses. Thus, hiring an attorney may benefit you when suffering from a premises liability injury.

Find a Premises Liability Lawyer with LegalASAP

LegalASAP is connected with a network of 500+ law firms and thousands of attorneys across the United States. We can help you find a premises liability lawyer to navigate the legal process and win the compensation you deserve.

Each state’s statutes of limitations vary, so it’s best to secure an attorney as soon as possible with us.

Fill out this free quick consultation form and we can check to see if you qualify for a claim. Call our hotline at (888)927-3080 for questions or inquiries.