Do I Have Grounds for a Premises Liability Claim?

If you were injured on someone else’s property, you may be entitled to compensation for medical care, lost income, and other damages. Landlords and business owners have a legal duty to maintain their properties to a reasonable standard. If they fail to do so and someone gets hurt as a result, the victim may have the right to file a premises liability claim.

There are several elements that must exist in order to have grounds for such a claim. For example, your attorney must be able to prove that the property owner or manager owed you a duty of care and breached that duty of care, and you suffered an injury or loss as a result.

Here are a few questions your personal injury lawyer may ask to determine if you have grounds for a claim:

1. What Was the Cause of Your Injuries? 

Just because you fell and hurt yourself doesn’t mean you have grounds for a premises liability claim. You must be able to demonstrate how the property owner’s negligence was a proximate cause of your injuries.

For example, if you slipped and fell on a spilled beverage that was marked with a clearly visible warning sign, the business owner would probably argue that your own negligence caused your injuries. But if you slipped on a recently mopped floor that was not marked, the business establishment may be liable for your damages. 

2. Were You on the Property Unlawfully When the Accident Occurred? 

Property owners do not owe the same duty of care to trespassers as they do to licensees or invitees. If, for example, you slipped and fell on a property while you were trespassing, you probably would not have grounds for a premises liability claim. Also, the property owner would not owe you the same duty of care as an invitee or licensee if you were using the land for recreational purposes without charge, even if you had permission to do so.

3. Were There Warning Signs Posted to Deter You from the Dangerous Condition That Caused Your Injuries? 

If your injuries were caused by a dangerous condition that was clearly marked, it might be difficult to file a successful premises liability claim. For example, if there was a spilled liquid on the floor of a supermarket but the staff had posted a “wet floor” sign in a clearly visible position, the court might find that the business establishment had fulfilled its duty of care owed to you. 

Discuss Your Case with a Premises Liability Attorney in St. Cloud 

If you were hurt on someone else’s property through no fault of your own, contact a personal injury attorney from Bradshaw & Bryant. Our premises liability lawyers will listen to your story, answer your questions, and help you determine the most strategic way to proceed with your claim. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in St. Cloud.