Who Is Responsible If Someone Gets Hurt On Your Property?

Factors That Determine Liability for On-Premises Injuries

Premises liability is a complex area of law that blends injury and property law principles. If someone is injured on another's property, they may be able to file a premises liability lawsuit to recover compensation for their losses. Factors determining liability include:

Property Owner’s Duties to the Injured Party

Property owners do not generally have to guarantee the safety of their guests and visitors. However, they must reasonably address hazardous conditions on their land and buildings.

This legal duty requires them to:

• Inspect their property for hazards
• Post warnings about dangers in a reasonable time and manner
• Act with reasonable promptness to repair hazards

The injured party’s status also figures into this duty. Property owners only owe it to “invitees.” This group includes guests, customers, and people with legal permission to enter your property, like mail carriers, delivery drivers, and utility workers. They do not owe this duty of care to trespassers.

These rules mean that the liability for the same accident and injury might vary, depending on the circumstances. Suppose a guest slips and falls on a puddle inside an entry door. An owner may be liable if they knew about the puddle and failed to mop it.

On the other hand, they may avoid liability if there is no time to discover the puddle. For example, if the puddle was hard to see or if the property owner recently inspected the property and the puddle wasn’t there.

The Nature of the Property

A property’s nature also determines liability. It depends on who owns and uses the property and how that relates to the hazardous condition.

With commercial properties, the business or landlord may face liability for a condition. The landlord is most likely liable if the condition falls under their responsibility. These conditions may include structural damage, entryway hazards, or parking lot conditions.

A business may face liability if a hazard arises from its operations. For example, a shopper may slip on a water puddle in a grocery store. If the puddle results from an employee spilling mopping solution, the landlord has no hand, and the grocery store may be solely liable.

However, there are times when a business and its landlord may face joint liability. One example is walkways and parking lots. If both parties are responsible for removing ice and snow, and a patron slips and falls due to these wintery conditions, that patron may pursue the landlord and business for damages.

Residential properties work similarly. A homeowner is often the only liable party if an injury involves hazards in their home and land.

A landlord or resident may be liable for injuries sustained by residents or their guests in rented properties. For example, suppose a resident constantly reports a busted stair, and the landlord never fixes it. In that case, the landlord may be liable for any injuries the resident or guests sustained.

Injury Location on the Property

The injury location overlaps with the property’s nature. Depending on ownership interest or agreement terms, an owner, tenant, or lessor may have different duties and responsibilities.

Homeowners are responsible for all parts of their property, meaning their duty includes the house, yard, amenities and other elements. So, it doesn’t matter if a guest sustains injuries on the back porch or the pool slide. The owner is liable in both cases because those areas are their responsibility.

This scenario becomes more complex with different relationships. For example, an owner-resident of a condominium is usually responsible for what occurs within their walls. They are not responsible for common areas like recreation rooms or walkways.

The injury location then determines the liable party. If someone falls down the stairs in a condominium because the owner left surfaces exposed, the owner is likely liable. However, the property company is likely liable if the same person falls down the stairs in the community center.

How Does Insurance Work if Someone Gets Hurt on Your Property?

Who pays damages when someone gets hurt on another’s property? The property owner could pay the damages with their assets. However, it is much more likely that their insurance policy will pay the claim.

Insurance policies that pay these claims include homeowner, business general liability and premises liability.

Homeowners Insurance

Homeowners insurance includes general liability coverage. When a claim is filed, an adjuster investigates the accident and determines whether to pay the claim.

If the insurer accepts the claim, the insurer will pay for the injured person’s losses up to the policy limits. For example, suppose the policy limit is $50,000 in liability coverage. If the insurer accepts a claim for $60,000 in losses, the insurer pays $50,000. Then, the homeowner is personally liable for the remaining $10,000.

But if damages are under the $50,000 limit, the policy will pay the entire amount without any personal liability to the homeowner.

Commercial Insurance

Businesses, including landlords, carry general liability insurance or specific premises liability coverage. Each type may include coverage for people injured by hazardous property conditions.

Many insurance companies encourage businesses to purchase specific premises liability coverage. Premises liability refers to injuries or property damage caused by dangerous conditions or neglect of business property. It includes claims involving:

• Slip-and-fall accidents
• Defective equipment injuries
• Unsafe fixtures or furnishing
• Elevator and escalator accidents

General liability covers most of these incidents. However, businesses with heavy foot traffic or many employees often benefit from more specific coverage. That investment frequently raises policy limits and ensures protection from these claims.

Commercial insurance handles these claims similarly to how homeowners insurance approaches them. There will be an investigation and determination of value. The primary difference is businesses often have higher limits on their policies, which makes it more likely to cover all damages.

Claim Denial

The insurer can also deny the claim. Some reasons for claim denials include:

• The accident did not cause the injury
• The homeowner’s negligence did not cause the accident
• The injured person’s claims were unreasonable

The insurer can also deny or reduce a claim if the victim contributed to their injuries. For example, the insurer may deny a claim if a guest injures themselves when diving into a pool despite signs and verbal warnings not to dive.

Learn More About Premises Liability Claims

Premises liability claims present complex legal and factual issues. ConsumerShield provides educational resources to help you understand your legal risk after someone gets injured on your property. We also connect you with a premises liability lawyer to guide you through this complex field of law. Fill out our contact form for a free case evaluation to learn how we can help you.