When someone visits your home, you may be personally liable if they suffer injuries. Liability depends on the circumstances of the case, including the visitor’s legal right to the property. This guide reviews premises liability law, including common causes of property injuries, potential liable parties, and factors that affect responsibility.
We’ll also review how a lawyer can be beneficial in a premises liability case.
Duty of Care in Premises Liability Law
A premises liability case requires a duty of care. If the home or property owner held a legal duty of care to the visitor during the injury, they may be liable. A duty of care refers to the property owner’s responsibility to maintain a safe place of residence for visitors.
A property owner’s failure to regularly inspect the property, promptly make repairs, restrain a dangerous dog, or warn visitors of danger could make them liable for such negligence.
It’s important to note that the type of visitor can also influence a premises liability claim. Not all property visitors are equal. Visitors are considered invitees, licensees, or trespassers.
An invitee is a person who has been explicitly invited to visit the residential or commercial property. This could include inviting a friend or family member to visit or a business welcoming customers or delivery workers. A licensee is a person with implied permission to visit the property. This might include a customer, a friend of a friend, or a service person.
Most state laws claim that property owners have a legal duty of care to both invitees and licensees. This means they’re expected to exercise reasonable care and keep visitors safe.
A visitor could also be a trespasser who visits the property without permission or legal right. In most cases, property owners don’t owe as much of a legal duty of care to property trespassers. It’s important to note that there may still be some liability when a visitor is injured, even if that person is a trespasser.
The property owner may still be liable for the trespasser’s injuries.
Common Causes of Injuries on Properties
Premises liability injuries can range from minor to significant. The cause of premises liability injuries varies depending on the case details. Here are some of the most common causes of injuries.
Slip and Fall Accidents
Slip-and-fall accidents are among the most common premises liability claims. Wet floors, icy sidewalks, inadequate lighting, or broken or loose floorboards can all lead to these accidents.
Dog Bites
Dog bites can also occur when visiting someone else’s property. Property owners are expected to restrict dangerous dogs from visitors. Many states follow strict liability laws regarding dog bites, meaning the dog owner is strictly liable for any injuries their dog causes.
Swimming Pool Accidents
Swimming pool accidents may lead to broken bones, back and neck injury, traumatic brain injury, or drowning. Property owners with pools are expected to maintain safe conditions, including proper barriers and safety protocols.
Negligent Security
Negligent security can also be an issue and put visitors at risk, especially in commercial business settings. Failing to implement adequate security measures can lead to criminal assault or other injuries.
Who Can Be Held Liable?
Premises liability claims aim to prove liability. The responsible person should cover the injured party’s medical expenses and lost wages. Any of the following could be held liable in a premises liability claim.
Property Owner
In many premises liability cases, the property owners are liable for injuries. Property owners have a legal duty of care to visitors, whether explicitly or implied, to maintain a safe residence. If a dangerous condition leads to a visitor’s injury, the property owner(s) could be held responsible.
Property owner liability applies to both residential and commercial properties. Yet, the specific circumstances of reasonable steps to maintain safety may vary. For example, what’s considered adequate lighting in a residential property may differ from that of a commercial building.
Landlords and Tenants
It’s also possible for the landlords or tenants of a property to be responsible for a dangerous situation and, thus, be liable for a personal injury. Liability may depend on where the injury occurred and the details of the lease agreement.
For example, in some lease agreements, the landlord may be responsible for maintaining outdoor structures or proper lighting. However, in other lease agreements, the tenant may be responsible for providing adequate security or lighting.
Property Managers
Some property owners outsource the maintenance and repairs of their buildings to a property manager. In this case, the property manager can be liable if they fail to protect visitors.
Factors Affecting Liability
Premises liability cases can be complex, with many factors contributing to responsibility. Here are a few factors that may affect liability in a premises liability case.
Status of the Injured Party
The injured person’s visiting status contributes to liability. For example, in most cases, the property owner is responsible for injuries to invitees and licensees. However, the property owner may not hold as much liability when a trespasser is involved. A legal duty of care is essential to a premises liability case.
Foreseeability of Harm
Many premises liability cases also require foreseeability of harm, which refers to whether the potential danger on the property was foreseeable. The landowner must maintain a safe property. However, if it’s unrealistic that the property owner could have anticipated the danger, they may not be held liable.
Comparative Negligence
Many states follow comparative negligence or contributory negligence laws. Comparative negligence laws determine that multiple parties can be at fault when an accident occurs. In a state with comparative negligence laws, the person injured can still seek compensation even if they are partially at fault.
Contributory negligence does not allow the injured party to recover financial compensation if they are partially at fault.
Protecting Yourself from Premises Liability Claims
A premises liability claim can result in a home or property owner being personally liable for injury expenses. Of course, it could also increase insurance rates.
Protect yourself from a premises liability claim with the following tips.
Regular Inspections and Maintenance
Premises liability claims are based on the property owner’s negligence. Keeping up with regular inspections and property maintenance removes the potential for a foreseeable danger. Prompt repairs should also be a priority when a dangerous condition arises. Property owners should ensure they provide adequate security and ensure property lighting.
Adequate Warnings
Adequate warnings of dangerous conditions can minimize liability in a premises liability case. If you’re aware of a hazardous situation on your property and have yet to repair or resolve it, be sure to give a warning. While warnings may not always prevent a liability claim, they can minimize the chance that someone gets hurt or files a claim.
Insurance Coverage
Sufficient insurance coverage is essential to protect you if someone does get hurt on your property. Liability coverage can help cover reasonable care costs of the injured party. Most homeowners have some policy but may need to consider coverage availability.
Many insurance providers have policy limits, which may only sometimes cover the full extent of an injury. If a person gets hurt on your property, and you don’t have sufficient insurance, you could be personally responsible for their medical bills, lost wages, and property damages.
What to Do if Someone is Injured on Your Property
The steps you take immediately following an injury on your property can help minimize liability and protect your financial well-being. Here are a few key steps to take if someone is injured on your property.
Provide First Aid
Ensure the safety of the visitors by providing them with immediate first aid and calling for medical help if necessary. Ask the injured person what happened and get them the necessary medical care while documenting the process.
Document the Incident
Begin documenting the injury as soon as possible. Take photographs or video evidence of the situation and collect the contact information of any witnesses. If dangerous conditions led to the injury, gather all relevant repair records or invoices.
Contact Your Insurance Company
Notify the insurance company of the accident as soon as possible. Many insurance providers have timelines for when a policyholder must file a claim. This may also be an excellent time to review your policy to understand better what it includes and excludes. Generally, it may also be worth seeking legal counsel for such cases.
Consult an Experienced Premises Liability Lawyer
Consider contacting a Chicago premises liability lawyer from our team to explore your legal options. If a visitor claims injuries caused by inadequate security measures or failed repairs, you may need a lawyer to protect your best interests. Our Chicago personal injury lawyer team has the knowledge and experience to defend your case.
We can help property owners understand their responsibilities in a premises liability case. Our legal representation may be even more crucial in cases involving multiple parties or complex details. We offer expertise in understanding state laws, insurance negotiations, claims processes, and case investigations.
Secure Expert Legal Representation!
Legal expertise is a must when navigating a premises liability case. Rosenfeld Injury Lawyers is skilled in the complexities of these cases and has recovered millions in premises liability settlements. Our team is here to answer all your legal cases and help guide you through the process.
Contact us today at (888) 424-5757 or complete our online form for a free consultation with a premises liability attorney.