When you set foot on someone’s property, whether it’s a friend’s home, your favorite restaurant, or the local amusement park, you have a reasonable expectation of not getting injured. If you are injured because of the property owner’s negligence, you may be entitled to compensation for your injuries. Injuries on property, so-called “premises liability” claims come in many different forms.
There are three things you must prove if you are injured on someone’s property. First, you must prove a duty of care. Essentially, this means that the owner of the property had a responsibility to ensure a safe environment for guests and to minimize any hazards that could cause injury. Once you’ve established a duty of care, you need to prove that the property owner acted negligently in regards to fulfilling that responsibility. This is called a breach of duty. Finally, you must prove that the breach of duty is the cause of your injury. Only injuries that are a direct result of unsafe situations that the property owner should have prevented are eligible for compensation.
One common example of a premises liability case is a slip and fall accident. If you were shopping at your favorite store and slipped on a liquid that was spilled and not cleaned up in a timely fashion, your injuries might be eligible for compensation. However, if you slipped because you were texting and didn’t see a properly placed “Wet Floor” sign, you wouldn’t have much of a case.
Of course, this assumes that you were legally allowed to be on the property. If you were trespassing at the time of your injury, it becomes much harder to prove that the property owner had a responsibility to provide safe conditions. Generally, a property owner must only provide warning of artificially created conditions that are likely to cause serious injury or death and are not readily obvious to the casual observer.
Protect Your Rights
If you are injured while visiting someone else’s property, you may be entitled to compensation for your medical bills, lost wages, and other expenses. The experienced attorneys at Holzer Edwards are dedicated to representing Idaho residents who have been injured due to the negligence of others.