Can I Sue if I Was Injured on Someone Else's Property?
If you’re injured on someone else’s property, the owner or manager of that property may be held liable for your damages. Known as premises liability, this legal doctrine makes certain parties liable for injuries caused by conditions on their property, but it depends on a number of factors. These are a few questions to ask yourself before pursuing a premises liability claim:
- Were you trespassing? Even if you were trespassing on someone else’s property when you were injured, the owners may still be at fault for your injuries if they created dangerous conditions in order to trap trespassers. Property owners are also not allowed to make an already dangerous condition worse in order to capture an unwanted guest.
- Is the owner of the property a government entity? If so, your claim may be affected by a federal or state tort claims act, which limits the government’s liability in a personal injury lawsuit.
- Was a law violated? If you can prove the owner or manager of the property was violating a law and that it caused your injury, it helps build your case. For example, if a property owner fails to clear snow from their property (under state law) and you slip on it and are injured, you’ve got a good premises liability claim.
- Did the property owner fail to fix a dangerous condition? A property owner may be found negligent if they fail to remedy a dangerous condition on their property that can cause an injury. While these laws vary by state, owners generally owe a duty of reasonable care to people on their property.
If you were injured on someone else’s property due to their negligence, please contact our Toledo premises liability lawyers at Williams DeClark Tuschman Co., L.P.A.
Call (419) 318-0772 or contact us online for a free consultation.