Premises Liability FAQs

Breaking Down The Law Process One Question At A Time​

Table of Contents

What is premises liability?

Premises liability law is the law that covers injuries that happen on a property. It may cover injuries that happened because of things like defective staircases, unsafe handrails, unsafe lighting, or other unsafe conditions.

In general, there are two types of premises liability laws. The first type is referred to as “duty to warn.” This type of law requires that the property owner warn people about any potential hazards on the property. The second type of law is referred to as “duty to inspect.” This type of law states that the property owner must inspect the property and remove any hazards or defects.

Can I sue under premises liability law if I'm partly at fault?

It’s common for people to be partly at fault for injuries that happen on someone else’s property. For example, if you are walking on someone else’s property and trip because you didn’t see a crack in the sidewalk. 

In terms of whether you’d be able to sue in such a circumstance, it really depends on how much of the blame can be put on you and on the property owner. There are also various laws that pertain to partial liability that differ between states. It’s advisable to speak with an experienced premises liability lawyer to find out whether or not your case has any validity. 

What do I need to prove to win my premises liability case?

In order to win your premises liability case, you must prove that your injury was caused by a condition on the property. This includes, but is not limited to, a slippery floor, a missing handrail, a broken step, or any other dangerous condition. You must also prove that the property owner knew or should have known about the dangerous condition and failed to correct it.

There are a number of ways you could prove this. For example, if you slipped on a wet floor, you would need to show that the floor was wet at the time of your fall. If you tripped over a loose rug, you would need to prove that the rug had been there for a while, and that the rug was not properly secured.

How much time do I have to file a premises liability lawsuit?

A premises liability lawsuit can be filed when you are injured due to the negligence of the property owner, their agents, or employees. In order to file a premises liability lawsuit, you must first file a formal complaint with the appropriate government agency.

The time limit for filing a lawsuit is called the statute of limitations, and it varies by state and is not always clear. For the most part, you have two years to file a premises liability lawsuit for an injury. After two years, you will no longer be able to file a premises liability lawsuit. However, these laws can be very complex and there are always exceptions to the rules. Make sure to contact an experienced premises liability lawyer before giving up on your case. 

My injuries are minor, do I need to see a doctor?

There are a few different reasons why you should see a doctor for your injury. One reason is that your injuries may not be as minor as they seemed. Another reason is that you may have an underlying medical condition that could be exacerbated by the injury.

A doctor will be able to diagnose any potential injuries or conditions, and will also be able to offer treatment options. They can also provide you with information on the type of recovery time you can expect. If you have any injuries from a premises liability accident, you should see a doctor for evaluation and treatment. The best way to protect your health and your legal rights is by acting responsibly and speaking with the right experts. 

What damages can I recover in a premises liability lawsuit?

In a premises liability lawsuit, a plaintiff can recover for property damage, personal injury, emotional distress, and/or wrongful death.

  1. Property damage – for example, if someone trips over a misplaced rug and falls onto your hardwood floor and breaks their arm.
  2. Personal injury – for example, if someone trips over a misplaced rug and falls onto your hardwood floor and breaks their arm.
  3. Emotional distress – for example, if someone trips over a misplaced rug and falls onto your hardwood floor and breaks their arm.
  4. Wrongful death – for example, if someone trips over a misplaced rug and falls onto your hardwood floor and breaks their arm.

Do I need an attorney for my premises liability case?

Usually, any person injured in a premises liability case can file a lawsuit on their own behalf. However, if you are not familiar with the law or with the process of filing a lawsuit, it might be a good idea to consult an attorney for advice and representation.

There are many factors that are considered when determining the value of your claim. The amount of damages, the severity of injuries, the number of people involved in the incident, the location, and if there were any witnesses. If you have any doubts as to whether or not you should consult with an attorney, it is always best to consult with one before making any decisions.

Will my premises liability case settle out of court?

If you have been injured on someone else’s property, you may be entitled to compensation for your injuries. Premises liability cases are very common and they can be quite complex. Many factors will affect the outcome of a premises liability case, such as who was at fault for the accident and the severity of the injuries.

The majority of cases settle out of court, but this is not always the case. You should talk to a lawyer with experience in this area to determine the likelihood of your case settling out of court.

What are some examples of premises liability cases?

There are a number of cases where premises liability can be applied. Some examples are:

  • A slippery floor, which is dangerous to walk on, and the owner did not warn of the danger
  • Inadequate security, which led to an attack or robbery
  • A defective product that caused injury to a customer
  • A dangerous animal that was not properly secured
  • A poorly lit parking lot that caused a car accident

In any of these cases, the owner is liable for any injuries that occur on their property as well as any damage to property or items left behind. If you are injured on someone else’s property, you can take legal action against them.

Can I sue a business owner if I was injured by another person while on their property?

A customer can sue a business owner if they were injured by another person while on the owner’s property. The lawsuit could be a premises liability or a trespassing lawsuit, depending on the circumstances of the case. A premises liability lawsuit would be filed if an employee of the business was negligent and caused the injury. A trespassing lawsuit would be filed if a customer was injured by an uninvited guest or another visitor to the property.

Can I sue if I was injured at a friend's house?

If you are injured at a friend’s house, you can potentially sue for damages. You are liable for your own actions if you are on the property without permission, though. If you are there with permission, you can still sue for damages if the injury was not expected. They could also be liable for your own actions if you were injured because of something that happened while on the property. This would be true if you were injured because of something that your friend did or failed to do.

However, there are differing laws as it pertains to premises liability depending on the state you live in. Some require varying levels of responsibility depending on the type of guest and others mandate a more blanket rule. If you have been injured, it’s important to discuss your options with a qualified attorney.

Regardless, although it might be technically possible to sue a friend or acquaintance for damages at their home, deciding whether to actually do so is a different question altogether. Depending on the situation, it might not be the best idea to try and sue a family friend or the like. Obviously, this is subject to personal preference and circumstance. 

What can I be compensated for after a premises liability accident?

Compensation for a premises liability accident can come in many different forms, such as lost wages, medical bills, pain and suffering, and more. If you are injured on someone else’s property and they are at fault, you may be entitled to compensation for your injuries.

You may be compensated for any of the following expenses incurred as a result of a premises liability accident:

  • Medical bills for treatment of the injury
  • Lost wages or income
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Loss of enjoyment of life

What are some common excuses property owners make in premises liability cases?

The most common excuses property owners make in premises liability are:

  1. “I didn’t know there was a dangerous condition on the property.”
  2. “I don’t know how the dangerous condition got there.”
  3. “It’s not my responsibility to fix the problem.”
  4. “I didn’t know it was wrong to let people use the property in that way.”

Some property owners may not be aware of a dangerous condition on their property. Others may be aware of it but may not be able to fix it. Even if the owner is aware of the dangerous condition and can fix it, they may not want to.

Property owners are liable for injuries caused by hazards on the property, such as an uneven sidewalk, a pothole, or a broken tree limb. This liability extends to injuries caused by an unsafe condition of the property. Property owners sometimes make excuses for such conditions, such as the victim was using drugs or alcohol, or that the victim was trespassing. These excuses are often not valid though, and will not absolve the property owner of liability.

What if the property owner claims there wasn't a dangerous condition before the accident occurred?

If the owner of the property claims that there was no danger before the accident happened, it is up to the injured person and their lawyer to prove that the property owner knew or should have known about the danger. The injured person will need to provide evidence that the property owner knew or should have known about the danger before the accident happened. They may need to provide witnesses who have seen the property owner doing work on the property in an unsafe manner.

This may be a difficult situation, but if you believe you can prove that the property owner knew or should have known about the danger, you should contact a lawyer immediately.

How can photos or videos help with my premises liability case?

Photos and videos can be a major part of your premises liability case. In order to win a premises liability case, you will need to prove that there was something wrong with the property that caused the injury. If you are able to document the property’s condition with photos, you can show the court that there was something wrong with the property and therefore the injury was not your fault.

Photos and videos are especially helpful when photographing a dark area or an area where it is tough to tell what is going on. A video can also be a great way to show how something happened. You can use videos to show how someone fell down or how a dog knocked over a shelf.

Do property owners need to have safety precautions?

Property owners should have safety precautions because accidents can happen anywhere, anytime. It is important to take precautions and maintain a safe environment for your customers. Property owners should also ensure that they follow all the safety regulations for their business.

Here are some other things the property owner should have in place in case of an emergency:

  • Have a plan for emergencies and disasters
  • Have fire safety equipment
  • Have emergency lighting
  • Make sure that all exits are clearly marked

If a student was attacked at school, can the school be responsible?

Schools have a duty to provide a safe environment for students. If a student is attacked at school, the school may be liable for damages if the student can prove that the attack was the result of negligence and not intentional. In order for a school to be held liable for damages, they must have had knowledge of the attack and failed to take any steps to prevent it. Alternatively, the school must have had a duty to protect the student and failed to do so.

Schools should take preventative measures in order to protect their students from attacks as they are responsible for providing a safe environment for their students.

If someone falls and hurts themselves in a hotel, can they sue the hotel?

Hotel falls happen more often than you think. Sometimes it’s a slip on a wet floor, sometimes it’s from tripping over an object that was left on the ground. In any case, there are always legal implications. Hotels are required to maintain a safe environment for guests. If they fail to do so, and someone falls, they can sue the hotel for negligence.

The person who is suing will need to show that the hotel was negligent in maintaining their property. In other words, they were not doing what they should have been doing to keep their guests safe.

If someone falls on a broken city sidewalk and is injured, can they sue the city?

If someone falls on a broken city sidewalk, they can sue the city for damages. Broken sidewalks may be caused by construction, or by tree roots, but if the city is aware of the defect and doesn’t fix it, then they are liable.

There are four elements to a successful lawsuit:

  1. The city had actual or constructive notice of the hazard.
  2. The city failed to remedy the condition.
  3. The condition caused injury to the plaintiff.
  4. The plaintiff was not aware of the hazard or assumed the risk of injury.

How much can my premises liability accident be worth?

Premises liability law is a subset of personal injury law that deals with injuries or deaths that take place on the land of another. This is the area of law that covers slip and fall accidents, dog bites, and other accidents that happen on property that is not owned by the injured party.

The value of a premises liability case is determined by the type of injury, the severity of the injury, and the extent of medical treatment required to fix it. The most common types of injuries sustained from a premises liability case are sprains and strains, fractures, head injuries, and concussions. Needless to say, the overwhelming number of factors makes it difficult to pin a specific number to your case. Speak with an experienced premises liability lawyer to get a better idea of what your case is worth and what can be done about it. 

What types of negligence can lead to a premises liability claim?

Negligence can take many forms, but generally, it is defined as the failure to act as a reasonable person would act in the same situation. There are three types of negligence that can lead to a legitimate premises liability claim:

  • Failure to maintain the property and keep it free from foreseeable risks of harm
  • Failure to warn of hidden dangers or known risks
  • Failure to take appropriate precautions to guard against foreseeable risks of harm

f there is evidence of negligence, then the property owner may be held liable for damages and will be required to pay to compensate for the damages incurred..

Am I able to recover damages if I noticed the danger before being injured?

It is often difficult to recover damages for injuries that are the result of a danger that the injured person was aware of and chose to put themselves in. The law recognizes that a person who voluntarily risks injury by knowingly undertaking an activity that poses a known risk, does so with the knowledge that they may be injured and should not be entitled to compensation for their injury. Therefore, it is essential to determine whether the injured person knowingly assumed the risk of injury.

There are exceptions to this rule, however, including where the court is convinced that the injured person was unaware of the risk or where the court finds that the risk was abnormally high.