When Can a Property Owner Be Liable for Your Injury?

Published 4:44 pm Tuesday, June 24, 2025

Getting your Trinity Audio player ready...

In 2024, Clio reported that nearly 400,000 personal injury claims are filed annually across the United States, predominantly in state courts. Common personal injuries include falls from uncleared floors or icy sidewalks, which could lead to premises liability claims.

Personal injuries that happen in stores, apartment buildings, or private homes are a very unpleasant experience. And if you are wondering if you can sue the people responsible for your accident, yes, you can. 

Legally, property owners are required to keep their property safe for visitors and guests, according to a Premises Liability Lawyer Scott W. Roberts. If they don’t do this and someone gets hurt, they could be liable. 

Premises liability includes slip and fall accidents, unsafe buildings, bad lighting, or even not enough security. But how can you determine the property owner’s liability? 

Let us discuss the factors involved and what you need to know to stay safe.

Understanding Premises Liability

Being a property owner, it is practically fundamental to learn about premises liability since it will mostly affect the responsibilities that you bear as a landowner.

Essentially, premises liability holds you accountable for any injuries that occur on your property due to unsafe conditions. If somebody slipped on a wet floor or came down with an injured leg on a broken step and you are aware that you failed at providing a reasonably safe environment, you might have to bear liabilities. 

Make inspections for any potential hazards, and deal with them immediately if they turn up on your property. Your liability may differ as per the visitor’s status under the law, but it surely helps to maintain safety on your own to limit claims against you.

Be aware of your local laws depending on the visitor’s legal status, but maintaining safety on your property can help. 

Types of Visitors and Their Rights

There are basically three types of visitors: invitees, licensees, and trespassers. An invitee usually has at least some protection; for instance, customers in a store are invitees for whom there is a duty of care under which the owner must reasonably safeguard the premises.

A licensee has some rights, less protection than an invitee, and perhaps includes the occasional social guest. The property owner must warn the licensee of any hazards they know about. 

A trespasser is someone with the least rights who is expected to stay off the property. The owners can only avoid willful or wanton harm to the trespasser. 

To help you clarify your rights and the property owner’s obligations in different situations, visit https://www.northlandinjurylaw.com/.

Common Hazards Leading to Injuries

Various hazards may be encountered as you go through properties, which could sometimes cause severe injuries. 

  • Wet, uneven, or inappropriate types of carpet can significantly contribute to slips and falls.
  • Poor lighting conditions could have you laying yourself down on the stairs or having an accident in the corridors. 
  • Hazards like broken handrails and obstructions along your way can also increase your chances of injury.
  • Outdoors, poor maintenance can lead to injuries from tripping over untrimmed plants or uneven paving. 
  • You should be aware of security issues as well, wherein unmonitored entrances may expose you to theft or assault.

Being aware of these hazards will help you stay alert and keep any kind of injury at bay while walking through some other properties.

Proving Negligence in Premises Liability Cases

Negligence must be proved by showing that the landowner failed to provide a reasonably safe environment for those upon the land.

You must prove that the owner either knew of the hazardous condition or ought to have reasonably forewarned and did nothing to correct or eliminate it from the premises. The evidence further gathered may include photographs, witness statements, and records of maintenance.

You should establish that the dangerous condition was the direct cause of your injury. It is important to establish a connection between the owner’s negligence and your injury. 

You can strengthen your case if you can demonstrate that the owner did not take reasonable measures to avoid the accident.

Steps to Take After an Injury on Someone Else’s Property

When you are injured on someone else’s property, immediate and organized steps must be taken to protect your rights.

  1. Seek medical care, no matter how slight you think the injuries may be. Take pictures of the scene, describing unsafe conditions, if any. Ask for the contact details of the witnesses; their statements might be essential later on.
  2. Inform the owner or the property manager of the incident and retain your record of this communication. Attempt to gather any security footage that is available and may show what transpired.
  3. Consult a personal injury lawyer to go over your options and be assured that you will know your rights. 

The earlier you process these steps can have a considerable influence on your chances of getting the compensation you deserve for your injuries.