Can I Sue If I Was Injured On Someone Else's Property?
Before you think about suing a property owner for your injury, you must first determine what kind of property you were injured on. There are two types of private property: commercial and residential. If you were injured on private property owned by another individual, the owner of the property can be found liable for your injuries, regardless of whether their property is used for commercial or residential purposes. In this blog, we explain the differences between a personal injury claim against a private property owner and a commercial property owner.
Personal Injury Lability for Commercial Property
Most states hold business owners accountable for maintaining a safe environment. In general, business owners are obligated to keep their property in a reasonably safe condition in order to avoid injuries to customers or other individuals. The duty of a business owner also includes conducting reasonable inspections of the property to make sure that it is in a safe condition. Business owners can usually satisfy the duty of care by providing warnings of potential danger.
Business owners are generally not responsible for the acts of third parties. So, if you were assaulted and injured by another person on a business owner’s property, you likely won’t be able to sue the business for damages. But, if the actions of third party were foreseeable, the business owner might be held liable for not taking preventative measures.
Personal Injury Lability for Homeowners’
When it comes to a homeowner’s liability for injury, most states classify injured individuals as trespassers, licensees, and invitees. Homeowners’ have specific responsibilities that are owed to each category. Trespassers are people who are not permitted on the property. Licensees are people who are permitted on the property but are not there for business purposes. Invitees are people who are on the property for the purpose of business.
- Trespassers: Homeowners’ generally do not have the responsibility to protect the safety of unanticipated trespassers. However, homeowners’ cant intended to injure anyone on their property, including a trespasser.
- Licensees: Homeowners’ have a duty to warn their social guests of dangerous conditions on their property. Once the guest has been warned, the homeowner is free from liability.
- Invitees: Homeowners’ have an obligation to take reasonable measures to make their property safe for invitees. This category of guest receives the highest level of protection in the eyes of the law.
Have you suffered an injury on someone else’s property? Contact our Los Angeles personal injury attorneys to schedule your free case consultation today.