When you’re injured on someone else’s property, the owner of that property may sometimes be held liable for your damages.
Generally, a legal doctrine known as premises liability[1] makes the owner of property liable for damages caused by conditions on that property. But whether an injured person is able to recover for his or her injuries from a property owner depends on a number of different factors.
What should you know about suing for injuries on another person’s property? Here are a few important considerations:
- Were you trespassing? In claims brought by injured persons against the owner of property, whether the injured person was on the property with the permission of the owner[2] will determine the level of reasonable care the owner is required to maintain. However, even a trespasser may be able to recover for injuries in certain circumstances.
- Who is the property owner? Another important factor in injury claims is whether the owner of the property is an individual or a government entity. Injury claims against the government may be affected by federal or state tort claims acts[3] which generally limit the government’s liability in injury lawsuits.
- Was there a violation of the law? An injured person may be more likely to show the property owner was negligent if it can be shown that the owner was violating a law[4] and that violation caused his or her injury. For example, in Massachusetts, property owners are required to clear snow from their property[5] under state law. A property owner who fails to do so may be more likely to be found negligent if someone slips and falls on accumulated snow or ice.
- Did the property owner fail to remedy a known dangerous condition? Even when no laws were broken, a property owner may be found to have been negligent[6] if he or she failed to remedy a known condition on a property, and that condition caused a person’s injury. Although laws vary by state, generally property owners owe a duty of reasonable care to those on their property.
- Were you partially at fault? An injured person’s own fault in causing his or her own injury may have an effect on the potential for a successful lawsuit. In most states, even a person who is partially at fault for causing his or her own injury may still recover for the portion of damages attributable to the other party[7], as long as that person was equally or more responsible for causing the injury.
If you have suffered an injury on another person’s property, a personal injury lawyer can help explain your legal options. Learn more about personal injury lawsuits at FindLaw’s section on Accident and Injury Law[8].
Related Resources:
References
- ^ Premises Liability FAQ (injury.findlaw.com)
- ^ Premises Liability: Who Is Responsible? (injury.findlaw.com)
- ^ Premises Liability Claims Against the Government (injury.findlaw.com)
- ^ Legalese 101: What Does Per Se Mean? (blogs.findlaw.com)
- ^ Mass. Residents Must Clear Snow or Face Suits (blogs.findlaw.com)
- ^ Proving Fault: What is Negligence? (injury.findlaw.com)
- ^ Contributory and Comparative Negligence (injury.findlaw.com)
- ^ Accident and Injury Law (injury.findlaw.com)
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