Personal Injury Liability on Commercial Real Estate

Personal injury liability for injuries occurring on commercial real estate falls within a different set of laws than personal property premise liability. For injuries occurring on commercial real estate, several parties may be responsible.

General Premise Liability Law

Premise liability law makes a property owner or tenant responsible for injuries that befall a visitor or guest on the property. The extent of liability depends on the guest’s status and the type of injury. The majority of premise liability laws apply across the board equally to privately and commercially owned property.

Liability Differences for Commercial Property

Although premise liability laws are not different for commercial property, there may be some differences in the number of parties that may be found responsible for the injury. Potentially responsible parties include: the property owner, the tenants of the property, the party responsible for maintaining the property and the insurance companies of all parties. Typically, a judicial ruling would require these parties to share the responsibility, meaning that the injured party would receive only one award for his injuries that was funded by all the parties.

Status of Visitors

Visitors to commercial property are typically considered invitees because they enter the property for the commercial benefit of the occupant or property owner. Invitees are owed an extremely high level of care. Not only must owners or tenants warn invitees of any risks on the property, but they must also inspect and repair the property.

Warning Signs Irrelevant

Many times, warnings signs and other protective measures are found irrelevant, especially when children are involved or the hazard could be easily fixed. In reality, there are very few steps or measures an owner or tenant of commercial property can take to avoid liability. An exception to this rule is when the warnings are clear, unambiguous and intended to warn an adult about a hazard that a normal human would understand.

Compensation for Injury

An individual injured on commercial property is entitled to compensation for medical expenses, lost wages, pain and suffering and other damages, if applicable. In rare instances, the injured individual can be awarded punitive damage. Punitive damages are awarded to punish the wrongdoing party. Courts are more amenable to awarding punitive damages against a commercial property owner because such a property owner has a very high duty of care to guests it invites onto the property.

Getting Legal Help

If you have been injured on commercial property, seek legal assistance with your claim. An attorney will review the specifics about the property and injury and discuss with you the possible available damages.

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