If you own residential real estate, like a home or townhouse, it’s important to understand that you can face personal injury liability if someone gets hurt on your land. The same applies if you get injured on a neighbor’s property, they too, could face personal injury liability. Under premises liability laws, a duty is imposed on those who own property, whether residential or commercial.
There are three major categories that define a property owner’s due diligence. Each question the reason for being on the property. If people are coming to your premises to do business with you for your benefit, they are classified as invitees and you owe them the highest duty of care. If you invite your friend over for a drink, they are classified as a licensee. You owe an intermediate duty to licensees and ensure you warn them of any dangers on the property People who come to your house without your permission are considered trespassers. You only owe a minimal duty to them.
As with any claim, the evidence regarding what and how it occurred, and the storekeeper’s role is critical evidence. It’s important that you take note of such details as they could be of use to your case.
Secure documentation and take pictures of the area
Report all injuries to the owner
Take note of any witnesses to the accident
Write of file an incident report
While some premises liability cases appear simple, knowing the law is essential. There may be no denying you are injured, but is someone liable for your injury? Many people assume if they get hurt while on another person’s property due to no fault of their own, then someone is liable. However, this is not often the case. In some states the law is set up to favor the premises owner not the victim. In other states, the law favors the one who is injured. If you were injured while visiting a property that belongs to someone else, you should seek legal advice as soon as possible from an experienced personal injury lawyer that handles premises liability cases.
