Premises liability is one of the most common areas of personal injury law, and often one of the most misunderstood. Many people don’t realize that property owners, whether public or private, have a legal duty to keep their premises safe. When they fail, accidents happen, leaving victims with painful injuries, medical bills, and unanswered questions.
I’m Hovick Oganesyan from Ness Law and in this blog I’ll answer the most commonly Googled questions about premises liability. From slip-and-falls in grocery stores to injuries on public sidewalks, here’s what you need to know about protecting your rights after an accident.
Transcript:
Hi, I’m Hovick Oganesyan from Ness Law, and I’m here to answer the most commonly Googled questions regarding premises liability.
What Types of Accidents Fall Under Premises Liability?
Premises liability, in short, is any injury that occurs while you’re on someone else’s property. That could be public property and it could even be private property.
Public property most commonly includes sidewalks, public parks, anything that’s maintained by the city or county. Private property could include a personal residence. If you’re visiting your friend and you’re injured on the property, that’s premises liability.
Also, most commonly, shops or stores where slip and falls or trips and falls happen while you’re shopping are considered premises liability.
Who Is Responsible for Your Injuries in a Premises Liability Case?
It really depends on whether your injury occurred on private or public property. If your injury occurred on public property, it’s going to be the governmental entity that owns, occupies, controls, maintains, or inspects the property on which you fell. On the private side, it’s any owner or occupier of the property that is also in charge of maintaining, inspecting, or repairing the property.
Landlords or governmental entities are responsible to inspect and ensure that their property is safe and hazard-free. Any failure to do so would result in them being liable for injuries.
How Do You Prove Negligence in a Premises Liability Case?
To prove negligence, you have to show that the property owner knew or should have known about the dangerous condition which led to your injuries. That’s actual versus constructive notice. Actual notice is showing that the landlord knew about it and did nothing to rectify the dangerous condition. Constructive notice is when you’re required to show that the landlord should have known about the danger.
The most common example of constructive notice is in grocery stores where a spill has been on the floor for a prolonged period of time. Case law has held that anything over 20 to 25 minutes is a sufficient amount of time to impute constructive notice on the property owner. The law says property owners have a duty to inspect their property regularly, and had they done so, they would have noticed and cleaned up the condition before someone fell.
What Kind of Damages Are Typically Covered in a Premises Liability Lawsuit?
Premises liability is a form of personal injury, so the same damages apply. That includes any past or future medical expenses, lost wages or future loss of income, and general damages like pain, suffering, and emotional distress. You’re entitled to all those damages.
If You Fall on a Broken Sidewalk, Can You Sue the City?
The answer is yes. Property lines play a major role because the property owner is ultimately responsible for your injuries. Most public sidewalks are maintained by the city, and therefore, they are responsible. However, I have seen situations where the location of the incident was controlled by multiple defendants, including the private residence adjacent to where the incident occurred. So yes, but you may be able to hold multiple defendants besides the city liable.
If the Insurance Company for the Property Owner Is Offering You a Settlement in Exchange for Not Suing, Should You Accept It?
It depends. If what they’re offering is fair and just compensation, then absolutely accept it. Accepting a good pre-litigation offer goes a long way and is often more beneficial than getting a slightly better offer after going through litigation, which adds more costs.
On the flip side, if the offer is inadequate, absolutely do not accept it. In any settlement, the insurance company will force you to sign a release, which means in exchange for a set amount of money, you give up your right to sue their client. Once you sign that release, your case is barred from future litigation.
So if you’re ever presented with a settlement offer and you don’t have representation, I highly recommend consulting an attorney to ensure the offer is fair.
How Much Does It Cost to Consult With a Premises Liability Attorney?
The answer is absolutely nothing. My office offers a free consultation for any and all premises liability cases. We will discuss the strengths and weaknesses, review any medical records you have, and provide a detailed outline of where your case will go, all for free.
Contact a Premises Liability Lawyer for Free Consultation
If you’ve been injured on someone else’s property, you don’t have to face the legal process alone. At Ness Law, we fight to protect your rights and secure fair compensation. Contact us today for a free consultation and trusted guidance.