If you have suffered a serious injury while in another person’s home, you may be eligible to file a personal injury claim. Before you do so, consider the following:
Did you have a reasonable right to be on the property in question?Property owners have a reasonable responsibility to keep their property in safe condition for visitors that have permission to be on the property. However, the property owner is not responsible for any injuries that occur to trespassers on his or her property.
Was the owner reasonably aware of the dangerous condition that caused the injury?If the owner was aware of the dangerous condition of their property and failed to fix it within a reasonable amount of time or failed to protect individuals on the property, he or she may be liable for any resulting damages. The property owner might also be held liable if he or she failed to perform regular upkeep or maintenance on their property—even if they were unaware of the dangerous condition at the time the injury occurred.
How long did the dangerous condition persist on the property in question? This question will help determine whether or not the property owner was, or should have been, aware of the dangerous condition of his or her property. For example, if the owner was hosting a party and a child spilled a drink on the floor and caused someone to fall 30 seconds later, the owner of the party may not necessarily be liable for the damages that occurred. However, if the dangerous condition was in place on the property for a long period of time, the owner is expected to have a reasonable knowledge of the condition of their property, which may mean that the owner is liable for any injuries that might happen as a result of the condition.
When did the injury take place? Many states have established a statute of limitations on slip and fall personal injury claims. This means that the state has a specific period of time during which an injured party can file a personal injury claim. After this period of time has passed, a property owner may no longer be sued for the damages. Each state has different specifications and requirements that must be followed in injury claims. For this reason, it can be very helpful to contact a qualified legal professional familiar with personal injury law within the jurisdiction where the injury occurred.
Not every accident that occurs on a property entitles the injured party to receive compensation from the owner. Slip and fall accidents are eligible on the basis of owner negligence, meaning that the owner may only be found liable for injuries if they were negligent in the regular maintenance and supervision of their property. If you are not sure whether you should file a personal injury claim, get in touch with a qualified legal professional who can examine your case.