Who is liable if someone falls on a property owned by an individual or business?
Premises liability holds property owners liable in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property.
What is a premises liability case?
Premises liability is a legal concept that typically means a personal injury case where the injury was caused by some type of unsafe or defective condition on someone’s property. A legal claim for premises liability can be made through a personal injury lawsuit or insurance action, and lets you recover compensation for damages, injury, pain, and suffering or other settlements when someone else is legally responsible for causing an accident or creating the circumstances that led up to your injury.
What is premises liability insurance coverage?
“Premises Liability” or “slip-and-fall” coverage is designed to protect the insured if another person is injured while on your property.
Are you liable if a trespasser gets hurt on your property?
It very rare for a trespasser to successfully sue a property owner for an injury, but it is not impossible if the property owner has been grossly negligent. If someone trespasses on your property and they get hurt, you will most likely not be liable unless malicious intent to harm can be established.
Who is at fault if you fall and are injured or cause damages to someone else’s property?
To be legally responsible for the injuries suffered from slipping or tripping and falling on someone else’s property, there are a few things to consider. Was the owner of the premises or an employee responsible for the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot and resulted in the injury to persons or property? Was the individual acting in accordance with the law at the time of injury? If not, was the violation part of the cause for the damages or the injury? Every case is unique and each of these questions will impact the result of a Premise Liability case.
Frequently Asked Questions About Premises Liability
You can sue your landlord for negligence that resulted in a fire. I have handled numerous fire negligence cases. They occur when fire escapes are locked or fire alarms aren’t installed. There are building codes in addition to general negligence laws. A landlord is required to abide by them all. If your landlord did not …
Yes, the rules change depending on where you fell. In Kentucky, there are different duties owed to different groups of people. For example, if you are a business owner you are owed a high duty of care. If you are trespassing the duty is lower. Where you fell also controls your likelihood of recovery. Falling …
If you are injured on someone else’s property than you should seek medical care and treatment. Pictures will be helpful to proving your case. Follow up with a personal injury lawyer. The lawyer can help contact the insurance company for the property owner. Make sure you get the treatment you need before the case is …
Older people and children tend to fall down more than healthy adults, is it harder for them to recover for a slip and fall injury? Is the case handled differently?
Age is important on a slip and fall case. This cuts both ways. In my experience older people have a tendency to recover slower meaning more pain and suffering. When a child is injured there is a potential for a lifetime of pain and suffering. Each case is different because each person is different. A …
If you are injured outside a business get medical treatment first. Follow up by taking pictures of the exact condition that caused the injury. A personal injury lawyer will want to look at pictures and have information about the extent of your injuries. The statute of limitations on a case like this is one year. …
Comparative negligence happens when more than one party is responsible for an injury. It occurs when one party clearly isn’t 100% responsible. In my experience it pops up when there is an argument the Plaintiff could be somewhat at fault. In the end a jury will determine fault and allocate responsibility to whatever parties are …