If you were seriously injured on someone else’s property, you may be wondering what to do next and how you will pay for your medical bills. In some cases, you may be eligible to file an injury claim for compensation related to medical bills, lost and future wages as well as your pain and suffering. To prevail, you must generally be able to show that the property owner knew or should have known about the unreasonably dangerous condition that caused your injuries and that he or she failed to take appropriate steps to remedy the situation.
What to Do if You’ve Been Injured on Someone Else’s Property
If you’ve been injured on someone else’s property, first, seek medical attention right away. Of course, if you’re seriously injured immediately this is likely your first priority. Because some injuries take a while to surface, it is better to get checked right away rather than wait days, weeks, or even months after your accident to see a doctor. You may also want to file a police report. Be sure to include information such as how it happened, what injuries you sustained, and whether there were any witnesses.
Soon after your initial medical needs are met, review your options with an experienced personal injury attorney. He or she can evaluate your claim, walk through your options, and advise on the best course of action. An attorney can also gather evidence, talk to witnesses, and work with any insurance companies directly on your behalf.
What Type of Visitor Were You?
Under premises liability, visitors on someone else’s property are placed in one of three categories: invitees, licensees and trespassers. The type of visitor you are determines the obligation and duty the entity has to prevent you from getting injured on their property.
Invitees have express or implied permission to be on the property and are generally there for business purposes such as a customer in a store or a contractor in someone’s home. Invitees are afforded the greatest level of protection; property owners owe invitees a duty of reasonable care and therefore must keep the property reasonably safe for them.
Licensees have express or implied permission to be on the property and are there for their own purposes such as social guests and family members. Property owners must warn licensees of any known dangerous conditions on the property. However, their duty of care to ensure the safety of the property is not as high as that for invitees.
Trespassers are on someone else’s property without express or implied consent, such as burglars. Property owners do not owe trespassers a duty of reasonable care nor do they have to warn trespassers of any known dangers.
Keep in mind that sometimes the property owner is legally responsible, sometimes they are not. To determine liability, one of the following must apply:
- The property owner or an employee caused the dangerous condition.
- The property owner or an employee was aware of the dangerous condition, but ignored it.
- The property owner or an employer should have known because any reasonable person taking care of the property would have discovered the hazard and handled it.
Premises Liability Attorneys Can Help
Are you considering talking to an attorney about an injury you sustained on someone else’s property? At, Brandon J Broderick, Attorney at Law, we believe in compassion and empathy and want to help. Contact us today for a free consultation. With our proven track record of success, we can get you the justice you deserve.