If you slip and fall while on private property, who takes responsibility? Many injuries occur on private premises, which lead to prolonged legal battles between the owner of the property and the visitor. That is why you need to know the actions to take in case of personal injury on private property.
Before filing a personal injury lawsuit because of this reason, you need to understand the possible outcomes. You also need to collect enough evidence to support your case. With the help of a reliable attorney, this should not be as difficult as you may think.
This article helps you to understand how to determine liability when a person is injured on property that is not theirs.
Was the Injured Person Trespassing?
If the victim was trespassing, the courts would be looking at how the property owner has tried to protect their premises. They may be looking for warning signs and other materials that could warn a trespasser of danger if they enter the premises. For instance, they could warn trespassers of fierce dogs, electric fences, or deep trenches.
You need to know that personal injury liability can only be placed on the owner if these conditions are artificial. These are conditions that the owner has implemented, and they know that they can cause injuries or even death. However, if they are natural conditions, the owner will not take responsibility.
The courts may look at the following factors too:
- The circumstances that led the victim to enter the premises
- The predictability of the injury
- How the premise is utilized
- Failure by the owner to fix a dangerous condition
What Is the Legal Status of the Victim?
Judges handling a slip and fall accident on the property will seek to understand the victim’s legal status. If the property owner invited the victim to their premises, it means that they have taken steps to assure them of their safety. It is the same situation when someone who is licensed to enter the property comes to perform their duties.
Social guests are also considered welcome visitors to the premises, so the host has to be responsible for their safety. These can be friends, family members, colleagues, and other parties that visit the premises on a regular basis.
Can Both Parties Be Liable for Personal Injury on Private Property?
Sometimes the victim of the accident may be partially liable for personal injury liability. This means that the responsibility can be shareable between the property owner and the visitor. In this case, the judges will assess the evidence and come up with a percentage of each party’s costs.
Get Help from a Premises Liability Lawyer
Whether you are a property owner or a victim of personal injury on private property, you need to contact a personal injury lawyer to help you get a fair settlement. These lawyers can help you to come up with an out-of-court settlement too.
Contact us today to get help from experienced and dedicated premises liability lawyers.
Personal Injury FAQs
1. Can liability for personal injury on private property be shared?
If both parties are at fault, the courts will calculate the amount each of them should pay based on evidence.
2. What happens when the victim is a trespasser?
The judges will seek to know if there are enough warning signs to prevent personal injury before determining liability.
3. Can property owners take responsibility for the injury of social visitors?
Visitors who frequent the premises such as friends and family are assured of their safety by the property owner.