If you have suffered an injury on someone else’s property, you might be wondering who is responsible for your losses. Depending on the circumstances of your specific case, you might be able to seek monetary damages from a negligent property owner. However, liability for your injuries depends on why you were on the property at the time of the accident.
Filing a lawsuit can be complicated, but an Elizabethtown premises liability lawyer could handle all legal aspects of your case. Get in touch with a dedicated personal injury attorney to begin the process of holding the at-fault party responsible.
Premises liability claims can cover a wide range of accidents. Some of the most common property injury claims stem from hazards such as:
Understanding the cause of the accident is vital in a personal injury claim. A knowledgeable attorney could evaluate your incident and determine whether you have a viable premises liability claim.
The mere fact that someone was on another’s property when they sustained an injury does not automatically trigger liability for the owner or occupier. When a person seeks damages for an injury suffered somewhere other than their own property, they must demonstrate that the property owner was negligent.
Proving negligence requires showing that the property owner or occupier breached a duty to the plaintiff. Premises liability law is complex because the extent of the duty owed to the plaintiff depends on the reason they entered the property.
Invitees are people who enter a property with permission for the mutual benefit of themselves and the owner or occupier. Customers of a business are invitees. Property owners and managers have a duty to use reasonable care to protect invitees from harm and must warn them of dangers they might not observe or anticipate.
A licensee has permission to enter a property for their own purpose. Door-to-door salespeople, meter readers, and tenants are licensees. The owner or operator must warn licensees about any known hazards that might not be obvious to the licensee.
People who enter property without permission are trespassers, and the owner or occupier owes them no duty and has no liability if they sustain an injury. However, an owner or occupier could be liable if they intentionally try to harm the trespasser.
Although owners, occupiers, and managers have no duty toward trespassers, there is an exception for young children who enter land without permission. The attractive nuisance doctrine states that if a feature on the premises might be attractive to a child, such as a swimming pool, heavy equipment, play set, trampoline, shed, the owner or manager must take reasonable steps to protect trespassing children from harm. A capable lawyer could help you determine your visitor classification after being injured on another person’s property.
Premises liability law is complex, and insurance companies and defense attorneys will use every resource they have to escape liability. If you or a loved one was injured in this type of accident, you could benefit from the help of a determined legal advocate. Call us today to schedule a free appointment with an Elizabethtown premises liability lawyer.