Premises Liability 101: What it is and How a Claim Works

Every property owner puts some thought into protecting their property. You might have a home or business security system to keep intruders out and keep your loved ones and belongings safe. But have you put some thought into protecting others from your property?

That’s what premises liability is all about. This category of personal injury law deals with damages individuals sustain from property hazards. As your experienced personal injury lawyers in Tacoma, Capital Injury Law can help you navigate a premises liability claim to claim compensation for your injuries. Let’s dive into Premises Liability 101 to learn all the basics.

An Overview of Premises Liability

Under premises liability law, property owners are responsible for keeping their property safe for others. If they don’t, and an injury occurs, they may be liable for damages. A common premises liability case you may recognize is slip and fall accidents, such as when a wet floor isn’t properly marked and someone trips. Some other types of injuries that may qualify as premises liability include:

• Animal attacks, like dog bites
• Insufficient security
• Swimming pool accidents
• Injuries from machinery or mechanisms like elevators

Premises Liability for Property Owners

An understanding of premises liability is essential for property owners so they know their responsibilities and potential liabilities. You don’t want to find yourself in a court case due to a minor oversight that caused someone injury. 

As a property owner, you have a general responsibility to maintain safe premises. The level of responsibility depends greatly on the type of property and the type of visitors it receives. Here are the different categories of visitors as designated in premises liability and the level of obligation they’re owed.

Licensee: This is an invited guest who is there for their own purposes and not to do business, such as a friend visiting your house. You owe them an intermediate duty of care in maintaining premise safety.

Invitee: An invitee is someone who enters your property to do business, such as a client or a customer at a restaurant or store. Property owners owe the highest level of care to these invitees, which is why premises liability cases are common for businesses.

Employees: Premises liability works differently for your employees. If they are injured on the job, it will fall under workers’ compensation in most cases.

Children: Regardless of why they are on the property, children are owed a higher level of care by property owners since they face more potential hazards. This means property owners must take special care if they have reason to believe children may be on the property.

Trespassers: You still owe some premises liability to unwelcome visitors, though less than for any other type of visitor. Property owners cannot create dangers on purpose, such as traps, and must provide adequate warning for certain hazards like electric fences.

Premises Liability for Visitors

As a customer, tenant, or guest, you have a right to safety when on someone else’s property. An understanding of premises liability ensures you know your rights and know how to pursue compensation if you are injured. 

Of course, not all injuries you sustain on someone else’s property will deserve compensation. Some accidents are unforeseeable or might be your own fault. A personal injury lawyer can evaluate your case to help you determine its likelihood of success if you’re unsure whether or not to file a claim.

The Elements of a Premises Liability Claim

A customer is shopping at a store and slips on a wet floor, sustaining an injury that requires medical care. What happens next? They can file a premises liability claim for compensation for their medical expenses and other damages. Let’s examine the elements of that claim.

The Defendant

In this case, the customer who slipped on a wet floor is the plaintiff. The first element of their case is to determine who to make a claim against. For the customer, they will probably file against the store. 

Most premises liability claims are made against the property owner, but not always. Let’s say your friend is injured while visiting your apartment. They might file against you, but they might also file against the owner of the apartment complex, depending on who was at fault for the hazard.

Negligence

After determining the defendant, a successful premises liability claim hinges on proving their negligence. You must prove the defendant did not fulfill their obligation to you by not properly maintaining their property or warning of hazards. 

Imagine you were injured by a faulty door in your apartment. If your property manager knew about the door and had not addressed it, or if they should have noticed the door in the apartment inspection before you moved in, you could likely prove negligence. But if they had no way of knowing about the faulty door, they would probably not be liable for your damages.

Damages

In addition to proving the defendant’s negligence, you must show that you sustained damages that directly resulted from that negligence. You won’t get far in a slip-and-fall case–no matter how careless the store was–if you weren’t injured. It also may not be sufficient if you prove that the property owner did show negligence, but not in a way that related to your injury. 

How a Personal Injury Lawyer Can Help

As you can probably tell from this simple overview, premises liability cases are often complex. You will have many factors to consider and may need extensive evidence and documentation to prove your right to compensation.

Your team of personal injury lawyers at Capital Injury Law can help. We can help with every aspect of the process–from an initial case evaluation to determine if it’s worth filing a claim, to building a case, to negotiating settlements, to representing you in court. Having a lawyer not only increases your chances of success but also takes the burden of the case off you so you can focus on recovery.

Learn More at Capital Injury Law

Whether you’re trying to decide whether to pursue compensation or are already deep in the claims process and facing obstacles, a free consultation can help you take the right path forward. Contact us today for a case evaluation and to learn how we can help with your premises liability case.