Premises liability is a legal concept that places responsibility on negligent property owners for damages arising from injuries on their properties. Therefore, if you were hurt or injured on another person’s premises, you may be able to file a lawsuit against them and claim compensation.
However, several facts have to be present for you to hold anyone accountable for your injuries.
Elements of a premises liability lawsuit
First, it must be established that the defendant was legally bound to the property in one way or the other. If they lease, operate or own the property, they are responsible for whatever happens on the property.
Secondly, you generally must have been legally present on the premises. In most cases, trespassers cannot claim damages based on the owner’s negligence since they were not supposed to be there. (It is important to note that exceptions do apply.)
It is also necessary to show how a property owner’s negligence resulted in your injuries. For instance, if a store owner was aware of a wet floor but did not post a warning to customers, that’s an act of negligence. You still need to prove your injuries or other damages from the fall with evidence such as medical records.
Protecting your claim
If you can, take photos of the scene and document eyewitness records. They could prove helpful when uncertainty arises about the circumstances that led to your accident. You should also inform the property owner as soon as the accident occurs and ensure you seek medical attention.
A professional assessment of your case will help you make the best decision on the way forward.