Property owners have a legal duty to take reasonable steps to ensure the safety of persons that are legally on their property. This duty extends to private homeowners, retail businesses, large residential buildings, shopping malls and municipal entities.  This area of the law, often referred to as premises liability, allows an accident victim to seek compensation for their pain and suffering, medical expenses, lost wages, and other costs incurred due to the accident on another’s property.

Examples of Premises Liability Cases:
Some of the most common types of premises accidents for which a property owner may be held liable include:

What Do I Have to Prove:
Generally speaking, the law requires you to prove  four things in order to successfully bring a claim for injuries sustained on other’s property:

  1. Lawful presence: This basically means that you were not trespassing on the property at the time of your accident. Residents, invited guests, customers, potential customers, hired workers, delivery persons and clients of a business are all examples of persons that are considered to be lawfully present on the property and not trespassers. In fact, under certain limited circumstances even a trespasser can be seek compensation for injuries sustained on another’s property.

  2. Existence of a Defect or Dangerous Condition: You will have to prove that there was an actual defective, hazardous or dangerous condition that caused your accident. Keep in mind that not every condition is deemed to be dangerous or defective.

  3. Notice: That the owner knew about the unsafe condition (or should have known) and did not repair it, rope it off or give adequate warning.

  4. Damages/Injuries: That you were injured as a result of the accident. Please keep in mind that the you injuries are not limited to your physical injuries. You have the right to seek compensation for expenses you incur as a result of the accident such as hospital bills, medical bills, loss of income and other expenses resulting from your injuries.

How much time do I have to bring the claim

There are strict deadlines that apply to all premises liability cases. The time to bring a premises liability claim/lawsuit can vary greatly depending on who owns the property and/or who is responsible for the defective/dangerous condition that caused the accident. In some circumstances, claims must be brought in as little as 90 days after the accident. In other circumstances, you may have as much as three (3) years to bring your claims. A thorough investigation is required before the applicable deadline in your case can be determined. Therefore, it is advisable to seek the advice of an experienced premises liability lawyer as soon as possible following your accident.

How Rosenberg & Rodriguez, PLLC can help

The premises liability attorneys at Rosenberg & Rodriguez, PLLC have decades of experience in successfully representing victims of premises liability accidents.

Please contact our offices to speak directly with an attorney for a free, no-obligation evaluation of your case.