Personal Injury Liability on Private Property

Personal injury liability for an accident occurring on private property is often referred to as “premise liability”. Under these laws, a property owner or dweller is most likely responsible for the injured party’s injuries.

Private Property Personal Injury Explained

Private property personal injury law covers both injuries that are due to personal property and those that occur on private property. For example, a person that is injured while using a neighbor’s tractor not on the neighbor’s property might have a personal injury action. An individual person and a private corporation are equally subject to private property personal injury liability laws. (See also Property Owners and Injury Liability).

Property Owner Responsibility

The law imposes on a property owner responsibility for injuries that occur on his land or which are caused by his property. Under these laws, a property owner must make sure that his property is in good working order, poses no danger to users or those that might come into contact with it, repair the property if reasonable and needed and also to warn users or visitors of any dangers, visible or not visible. Depending on the state, these laws might also require the owner to inspect the property.

Liability Dependent on Injured Party’s Status

If a party is injured on a property owner’s parcel of land, the extent of the owner’s liability is dependent on the status of the injured party. The potential status’ are: invitee, licensee or trespasser. Guests are licensees, and are owed the highest duty of care. Trespassers are owed the lowest duty of care. These statuses are irrelevant when the injury is due to a piece of personal property.

Warnings Are Irrelevant

Unless the warnings were extensive and other measures were taken to prevent injury, warning signs and other tactics are irrelevant in terms of personal injury liability. A private property owner, therefore, cannot hide behind lose claims of warnings to avoid responsibility. However, it is possible for a court to find that the injured party acted recklessly or was also at fault for his injury.

Compensation Responsibility

A private property owner will be held responsible for compensating an individual for medical expenses, pain and suffering, lost wages and other types of damages an injured party might suffer. Courts usually do not look favorably upon punishing a private property owner for the injury by awarding a sum of money that is not directed towards making the injured party whole once again.

Getting Legal Help

If you are involved in a personal injury lawsuit involving a piece of privately owned property, obtain legal advice and representation. A lawyer will review the facts of your case and the applicable laws and discuss with you potential compensation and legal routes for your claim.

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