If you have suffered an injury on someone else’s property, you may be wondering if you can still file a lawsuit against them. The short answer is yes, you can still pursue legal action against the property owner if their negligence caused your injury.
However, the process can be complex and challenging, so it’s important to understand the legal implications of your situation and seek the guidance of an experienced personal injury attorney.
Table of Contents
Establishing Liability
To bring a successful premises liability claim, you will need to demonstrate that the property owner was negligent in some way and that their negligence caused your injury. This can be done by establishing the following elements:
Duty of Care
The property owner had a legal obligation to ensure that their property was safe for visitors. This duty of care varies depending on the type of visitor and the circumstances of the property. For example, a business owner would have a higher duty of care towards their customers than towards someone who is trespassing on their property.
Breach of Duty
The property owner breached their duty of care by failing to take reasonable steps to prevent your injury. This could include failing to repair a hazardous condition, failing to provide adequate warnings of danger, or failing to ensure that their property was free from criminal acts.
Causation
You must demonstrate that the property owner’s negligence was the direct cause of your injury.
Damages
Finally, you must show that you suffered damages as a result of your injury, such as medical bills, lost wages, and pain and suffering.
Statute of Limitations
If you decide to pursue legal action, it’s essential to act quickly as there is a statute of limitations for personal injury claims. The time limit for filing a premises liability lawsuit varies by state, but it’s usually between one to three years from the date of the injury. If you miss this deadline, you may lose the right to seek compensation.
Comparative Negligence
Furthermore, it’s also essential to consider comparative negligence. Comparative negligence is a legal principle that reduces your damages based on your own level of fault for the accident. For example, if you were texting while walking and slipped and fell on a wet floor, you may be found partially at fault for the accident, which could reduce your damages.
Seek Legal Advice
If you have been injured on someone else’s property, it’s crucial to seek the advice of an experienced personal injury attorney. An attorney can help you understand your legal options, gather evidence, calculate your damages, and negotiate with insurance companies on your behalf.
In conclusion, if you have been injured on someone else’s property due to their negligence, you may still be able to file a lawsuit against them. However, it’s important to establish liability, consider comparative negligence, meet the statute of limitations, and seek the guidance of an experienced attorney. With their help, you can pursue just compensation for your injuries and move forward with your life.