What You Need to Know About Premises Liability

February 2, 2023

Premises liability is a legal concept that refers to the responsibility that landowners and property owners have for injuries caused by dangerous conditions on their premises.

Premises liability cases are often brought against landlords, store owners, building managers, and other proprietors of places where people gather.

If a person is injured because of something on your property or business, like a slippery floor or broken stairs, they may be able to sue you for damages—even if you were not at fault.


Premises Liability Laws Vary.

In most states, you can hold the property owner liable if they fail to make it safe. This includes:

  • The owner’s failure to warn you about an unsafe condition on their property
  • Failure to repair an unsafe condition on their property (such as a broken step)
  • The owner’s failure to keep trespassers off of their land.

Suppose you were injured in an accident on someone else’s property, such as at a shop or restaurant. In that case, you must contact a Denver premises liability lawyer immediately so that they can investigate the accident thoroughly.

There are Three Types of Visitors.

An invitee has been invited onto your property, such as a customer at a retail store or a guest at your home.

A licensee has been allowed access to your property without an invitation but not with the intent to harm. For example, if you allow someone into the backyard while they wait for their ride home from work.

Finally, trespassers have no right to be on your land and can be held liable if they injure themselves while there. But only if you knew or should have known about their presence before it happened (and didn’t try too hard).

You can Still Claim That You Were Partly to Blame.

You can still claim that you were partly to blame. If you were not careful, intoxicated, or not paying attention when the accident occurred, then your premises liability claim may be reduced or denied.

The same can be said of trespassing on private property without permission. If the owner of the land allows others to enter his or her property and an injury occurs while they are there but hasn’t signed them in as guests.

You Have a Set Amount of Time to File a Premises Liability Claim After an Injury.

The statute of limitations is the amount of time you have to file a claim. After this period passes, your right to collect compensation for your injuries will be lost forever.

The exact time varies from state to state and can range anywhere from one year (Colorado) to six years (Missouri). In some cases, if you wait too long before filing your claim, it may be dismissed by the court because it has been deemed “time-barred” or invalid due to age.

Every state has its rules regarding statutes of limitations; however, most states follow similar guidelines when determining how long each person has before they are barred from seeking damages through legal action.

You May be Able to Get Compensation for Medical Expenses.

You may be able to receive compensation for medical bills, pain and suffering, and lost income from not being able to work.

You could file a claim if you were injured in a place that is open to the public. This includes grocery stores, restaurants, and other businesses to which customers are allowed access.

Conclusion

If you’ve been injured on someone else’s property, it’s important to know your rights. Premises liability laws diverse from state to state, so it’s best if you consult an attorney right away who can help you understand what kind of compensation may be available for your situation. 

You may be able to receive compensation for medical bills, pain and suffering, and lost income from not being able to work.





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