Can I File A Personal Injury Claim If My Injury Was Caused By A Dangerous Property Condition?


Accidents happen all the time, and they can lead to injuries that range from minor scratches to life-changing physical impairments. But what happens if the accident is caused by a dangerous property condition, such as a slippery floor or a loose handrail? In this article, we’ll discuss your legal options if you’ve been injured by a dangerous property condition and whether or not you can file a personal injury claim.

What is a Dangerous Property Condition?

A dangerous property condition is a condition that poses a threat to the safety of individuals who are on or near the property. This can include anything from a wet floor to a faulty staircase or any other hazard that can cause an injury to a person.

Can You File A Personal Injury Claim?

If you’ve been injured on someone else’s property due to a dangerous condition that the property owner should have known about or had knowledge of, you may be able to file a personal injury claim. However, to win a personal injury lawsuit, you will need to prove that the property owner was negligent in their duty to ensure the safety of people on their property.

Proving Negligence

Proving negligence in a personal injury case involves demonstrating that the property owner didn’t take reasonable steps to maintain a safe environment. To establish negligence in a property injury case you need to prove multiple factors. Firstly, there needs to be a duty of care – demonstrating that the property owner had a duty to ensure the safety of people on their property. Secondly, there needs to have been a breach of this duty which means there should be enough evidence to prove that the property owner knew or should have known about the dangerous conditions. Thirdly, the breach of duty must be the cause of the injury. Finally, the injuries resulting in this breach must have resulted in damages.

Comparative Fault

Like most personal injury cases, the law considers comparative negligence for property injury claims. This means that if the injured person was negligent in any way, their damages may be reduced by the percentage of fault that that person contributed to the injury. For instance, if the person in question failed to pay attention to a warning sign, which led to them slipping on a wet floor and sustaining an injury, a court might find that the person was partially at fault for the injury occurring.

Statute of Limitations

If you’ve been injured because of a dangerous property condition, it’s essential to be aware of the statute of limitations that extends in such cases. The statute of limitations is a time frame in which a person needs to file a personal injury claim. To maintain a case, you should file a claim before this time period expires. These time limits typically range from one to six years depending on your state laws, and failure to file your claim within the given time limit could result in your claim being dismissed.


When injuries are caused by dangerous property conditions, it can be difficult to cope with the repercussions physically, emotionally, and financially. Recognizing your legal options after such an accident can help you get the compensation you deserve. If you have been injured because of a dangerous property condition, speak to a qualified personal injury attorney who can help you determine if you have a case and guide you through the legal process. Remember, the right legal representation can make all the difference between a successful personal injury claim and one that falls short.

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