When To Hire a Premises Liability Lawyer

If you’ve ever been injured while on someone else’s property, you may have a premises liability claim. For example, you may have fallen on iced pavement or had a swimming pool accident at your neighbor’s house. When these accidents occur, you may have a claim against the property owner. These cases require proving the owner’s negligence, whether the incident happened in a store, public space, or someone’s home.

This article explains how premises liability cases work and describes your legal rights. You’ll also learn how an attorney can help with a premises liability claim.

What If I Don’t Want To Sue My Friend?

The difficulty with premises liability law is that many plaintiffs don’t want to sue their friend or neighbor. You may not hesitate to pursue legal action if you sustain a serious injury inside a grocery store, amusement park, or public building. Your personal injury attorney can file a claim with the building owner’s insurance company.

But you may feel differently when a premises liability accident happens at a loved one’s home. Raising concerns about a friend or relative’s negligence can feel uncomfortable. After all, most people don’t look forward to suing their friend. You may struggle to balance your recovery needs with your personal relationship.

It’s important to note that in situations like this, you’re likely filing a claim against their homeowner’s insurance—not suing them personally.

What Is Premises Liability Law?

Premises liability is a part of tort law that addresses injuries plaintiffs sustain while on someone else’s property. For example, if you are grocery shopping and slip on a wet floor, that would fall under premises liability law. The same is true if you’re at a holiday party at your neighbor’s house and fall down the stairs.

For the courts to hold the property owner liable, the plaintiff must prove negligence. This is true for most personal injury cases. The best way to do this is to hire an experienced premises liability lawyer.

If your attorney can prove negligence, you’ll recover the following types of damages:

• Medical expenses
• Future medical bills
• Property damage (if any)
• Lost wages
• Lost future income
• Pain and suffering
• Emotional distress
• Punitive damages

Every case is unique. If you suffer severe injuries and undergo extensive medical treatment, your damage may be higher. When you meet with your personal injury lawyer for your case evaluation, they’ll let you know what damages you can demand.

Most people involved in a premises liability case survive. But there are situations where the victim dies as a result of their injuries. If so, an attorney can help your family file a wrongful death suit. The damages are slightly different in that type of case. 

Examples of Premises Liability

One classic example of a premises liability suit is when someone sues a store after they slip and fall in an icy parking lot. However, private homeowners may also be involved in premises liability suits when guests get hurt due to the owner’s failure to maintain the property properly.

The degree to which the property owner may be liable depends in part on whether the injured person was there as the owner’s guest (as in the case of the store’s customer), on official business, or without permission. Other factors may include how well maintained the property is, whether the owner warned their guests of the dangerous condition, and how clumsy the guest was.

Some of the common types of premises liability accidents include:

• Slip and falls
• Dog bites
• Negligent security
• Hit in the head with faulty lighting fixtures

As long as your attorney can prove that the defendant didn’t properly maintain their property, you should prevail in your premises liability claim.

Why Should You Retain a Premises Liability Lawyer?

After your accident, you may need extensive medical care. Premises liability cases are not much different from car accidents. Most victims suffer broken bones, lacerations, and even traumatic brain injuries. You won’t be able to fight with the insurance company in the days and weeks after your accident.

Your attorney will handle this for you. They are experienced in dealing with large insurers and well‑resourced corporate property owners. Their role is to advocate for you and pursue the compensation you deserve.

While you focus on your recovery, your premises liability attorney will try to negotiate your claim. If that isn’t possible, they’ll prepare to file suit on your behalf. Worst case, your lawyer will also represent you at trial.

Your Attorney Will Challenge Any Defenses Raised by the Property Owner

When you file your lawsuit, the property owner will likely deny responsibility. They may argue that the plaintiff caused the accident. Or they’ll say that a plaintiff’s injuries aren’t as bad as they claimed.

Some of the other defenses the property owner may raise include:

Trespassing

The defendant may argue that you had no legal right to be on their property. The judge may dismiss your claim if the defendant proves you were trespassing.

If your child or family member hurts themselves while on the defendant’s property, your attorney can argue that there was an attractive nuisance. An attractive nuisance exists when the defendant has something on their premises that attracts children and others to venture onto their property. For example, if the defendant has a trampoline or swimming pool in their backyard, the judge may deem it an attractive nuisance.

Reasonable Care

The defendant may claim they took all reasonable steps to protect visitors and guests on their property. For example, the property owner may have paperwork showing that they had their walkway repaired to prevent falls. They may claim that they aren’t liable if you slipped and fell.

No Duty of Care

A common defense raised by property owners in premises liability cases is that no duty of care existed. For example, if the plaintiff was a door-to-door salesperson, the defendant may argue that they had no reason to expect the salesperson to enter their property. If so, they had no duty to protect the plaintiff from dangerous conditions on their property.

Whatever defense the other party raises, your attorney will do their best to challenge and overcome it.

Premises Liability Claims Have Time Limits

If you want to recover maximum compensation, you should contact a premises liability attorney as soon as possible after your accident. This way, your attorney can file your insurance claim on time. And, if you need to sue, you won’t have to worry about missing the statute of limitations filing deadline.

Your lawyer should have ample time to prepare your case and negotiate with the insurance carrier. If they can settle your case without having to sue, you’ll save time and money.

How To Find a Lawyer After a Premises Injury Accident

If you’ve been injured on someone else’s property, an attorney can help you understand your rights and legal options. They can determine what compensation you may be entitled to, help prove the property owner’s negligence, and negotiate with the insurance company on your behalf.

Because state law is relevant, your attorney should be licensed in the state where the accident occurred. FindLaw’s directory of premises liability attorneys can get you started. Enter your city or ZIP code to find qualified legal advisors near you. Your search results will also show ratings and contact information.

Premises Liability: Related Practice Areas

• Accidents and Injuries: Premises Liability is a kind of Accidents and Injuries Law.
• Litigation: Many premises liability claims end up in the courtroom.
• Property Law: Owners of real estate must ensure their property is reasonably free of hazards.
• Insurance Law: Homeowner’s or general liability insurance may cover a guest’s injuries.