What Happens When Someone Gets Injured on Private Property?
If a person becomes injured while visiting a privately owned property, the property owner may be held liable for compensating the injured party. The property owner is not automatically liable because it happened on their property, liability is determined through a premises liability claim.
The injured party has the burden of proof for such a claim and without proving duty of care, negligence, and causation, the property owner cannot be held liable for compensating the injured party. Read on to find out what each of these elements involves so that you can avoid being at fault in a premises liability claim.
Duty of Care
Property owners have a legal duty to provide reasonable care for all invited guests on their property. Uninvited guests are trespassers and are provided the lowest legal duty of care so the property owner isn’t typically liable for any harm.
Reasonable care includes properly notifying guests of any recurring or unresolved preexisting unsafe conditions. It also includes conducting regular maintenance to identify and repair unsafe conditions. A premises liability claim must show that the property owner legally owed the injured party this duty of care.
Negligence
The premises liability claim must prove that the property owner neglected to properly maintain their property and remove or repair unsafe conditions. Recurring or unfixable conditions must be labeled and guests must be notified that the condition exists.
Causation
This element shows that the property owner’s failure to repair the unsafe condition, or failure to notify their guest, was the direct cause of the injuries. If the unsafe condition has not existed long enough for the property owner to correct it while conducting regular maintenance, the property owner cannot be held liable.
All three elements must be proved to hold the property owner liable in a premises liability claim. If you have questions regarding a premises liability claim contact Casas Law in West Palm Beach. They can answer your premises liability questions or you can fill out a free case consultation form.
In my entire life, I’ve never had a better experience.
May I add, pleasantly surprised in how smooth the process went and in a shorter time period than I expected. All in all, I couldn’t be happier! I recommend Nick Sarta to EVERYONE!! There is no one better in the field. No one.
I wouldn’t have went to any other law firm, thank you guys so much!
Dalila and her team worked with me every day to make sure everything went smoothly and I understood what was going on!
I highly recommend Casas Law- they truly are the best in the business!
From start to finish, they were professional, knowledgeable, and dedicated to achieving the best possible outcome for my case.
I’d recommend him to anyone!
I was recommended to Alex Casas by my father and I am absolutely ecstatic with how simple and easy he made my auto collision injury case for me he handled everything to where all I had to do was show up and sign on the line! I’d recommend him to anyone!
If you are looking for a great law firm and I really mean and great firm this is the place to go!
Alex Casas Law firm is a great. Every time I came in contact with Mr. Casas and his staff they were always professional and friendly. My whole process was a great experience. They always return calls in a timely manner. The staff goes above and beyond what is needed. They kept me informed during the whole process. If you are looking for a great law firm and I really mean and great firm this is the place to go!!!!
They are very professional and friendly and go above and beyond the call of duty.
I am very pleased with the assistance from Casas Law P.A and will recommend this firm to anyone and everyone that needs help. They are very professional and friendly and go above and beyond the call of duty. Thank you so much for all your help.
They were able to direct me with medical care questions, and advocate on my behalf with insurance companies.
Alex and his team were my rock after I was hit by a car while riding my bike. They were able to direct me with medical care questions, advocate on my behalf with insurance companies, and really listen on days where I had pain and was completely frustrated with my insurance company and their lack of response. Highly recommend!!!!
