Liability For Injuries On Private Property

Property owners have a responsibility to keep their premises safe for visitors. When someone is injured on private property, questions often arise about who is responsible. Liability can depend on factors such as the reason for the visitor’s presence, the condition of the property, and whether the owner took reasonable steps to prevent harm.

Different Types Of Visitors

The level of responsibility a property owner has depends on whether the injured person was an invitee, a licensee, or a trespasser.

Invitees are people who enter a property for the owner’s benefit, such as customers in a store or guests at an open house. Owners have a duty to maintain a safe environment and fix hazards that could cause harm.

Licensees are individuals who enter for their own purposes, such as social guests. Property owners must warn them of known dangers but may not be required to actively inspect for risks.

Trespassers generally have fewer protections under the law. However, owners cannot set traps or intentionally create hazards that could cause serious harm. In some cases, if a property owner knows trespassing is common, they may be expected to take reasonable steps to prevent injury.

Common Causes Of Injuries On Private Property

Many different conditions can lead to injuries on private real estate. Some of the most common include:

Slippery floors or uneven surfaces that cause falls

Poor lighting that makes it difficult to see hazards

Broken stairs or railings that fail under pressure

Unsecured animals that bite or attack visitors

Swimming pools without proper barriers

Exposed wiring or other electrical dangers

Property owners are expected to address hazards in a reasonable amount of time. If they fail to do so and someone is injured, they may be held responsible.

Proving Liability For An Injury

To hold a property owner accountable for an injury, certain conditions must be met. The injured person must show that:

A dangerous condition existed on the property.

The owner knew or should have known about the hazard.

The owner failed to take reasonable steps to fix the problem or warn visitors.

The injury was a direct result of the hazard.

Property owners often argue that the injured person was at fault or that the danger was obvious and avoidable. Because of this, gathering strong evidence is important. Photos of the hazard, witness statements, and medical records can all help support a claim.

Exceptions And Defenses In Private Property Cases

There are situations where a property owner may not be held responsible for an injury. For example, if the injured person was acting recklessly or ignoring clear warnings, their claim may not succeed. Some states also have laws limiting liability for property owners who allow recreational use of their land, such as hiking or hunting, unless there was intentional harm.

Contact A Lawyer To Get Started

Premises liability claims can be complicated, and proving fault often depends on the specific details of the case. Attorneys like our friends at Brenner Hubble LLC can attest to the challenges involved in holding property owners accountable for unsafe conditions. If you have been injured on private property, your personal injury lawyer can help you determine your options and take the necessary steps to seek compensation.