Premises Liability

If you have been injured on the property of another, you may be entitled to compensation for your injuries and damages. It may surprise you that we used the word "may" in describing entitlement to compensation. most people believe that if you are hurt on the property of another, the owner or operator is automatically responsible for all of the injuries and damages that the victim suffers. That is not necessarily true! Let us explain.

Whether a person is injured on the property of another due to a slip and fall, trip and fall, was struck in the head by an object that fell from a shelf or in any other manner, such a claim is generally considered a "premises liability" case. While the owner/operator of property owes the public a duty to use reasonable care in maintaining his property, he is not the insurer of everything that happens there. It is only when the property owner/operator either created or has knowledge of the condition that caused the injury that he will be held accountable.

There are three ways in which the owner/operator of property will be held accountable for the injuries to a visitor. First, if the victim can prove that the owner/operator or one of his agents or employees created the dangerous condition that caused the injury, the owner/operator will be held liable for all of the victim's damages.

A second way of establishing liability is to show that the owner/operator or his employees or agents knew of the existence of the condition that caused the injury before the accident occurred but simply failed to take appropriate action. This is known as "direct notice" and imposes responsibility on the owner/operator of the property.

The third way of proving liability is to show that the condition that caused the accident was there for a sufficient length of time such that under the circumstances, the owner/operator should have known of its existence. This is known as "constructive notice". Without the ability to prove that the owner/operator created, had direct notice or constructive notice of the dangerous condition, the law will not hold the owner/operator accountable for the damages of a person injured on the premises.

The average person injured in a premises liability accident is minding their own business when something completely unforeseen, such as a slip and fall, occurs resulting in an injury. The most common immediate reaction of the victim is embarrassment and often pain. Unfortunately, they are unlikely to fully examine the scene where the accident occurred or obtain useful information such as the names and addresses of witnesses. To put it simply, such a victim is at a severe disadvantage to the owner/operator who has often been trained how to handle just such an event. Very simply put, proving liability in premises liability cases can be very difficult.

The most important issue in this and all other personal injury cases is that the victim receive prompt and appropriate medical care. It is also important that the victim advise the owner/operator of the premises where they were injured that the accident occurred. Writing down the details of the event soon after it occurred, including the names and addresses of any witnesses, can make the difference between success and failure in proving your case. As in other cases, detailed statements, recorded or otherwise, should not be provided to an insurance adjuster until and unless you have discussed your rights with an attorney. In dealing with a professional insurance adjuster, you are at a disadvantage.

As you can see by now, in a premises liability case, the issue of liability or fault is the single most important issue that must be addressed. If liability is imposed on the owner/operator of the premises where you were injured, in all probability the premises will be covered by either sufficient bodily injury liability insurance or will be "self-insured". In either event, the adequacy of coverage for your injuries and damages should not be a big issue.

Even where fault is uncertain, you may be entitled to payment of your medical bills if the store is covered by insurance known as Medical Payments Coverage or Med-Pay. Med-Pay is designed to cover relatively minor injuries. Med-Pay pays for medical bills incurred as a result of care necessitated by injuries suffered on the property. Fault is not an issue with regard to entitlement to Med-Pay coverage. If you were injured on the property and the property is covered by Med-Pay coverage, you are entitled to have your bills paid up to the limit of coverage. The limit of coverage for Med-Pay is frequently $1,000 to $10,000. There may be a time limit on when Med-Pay is available. Frequently, MedPay only pays medical bills incurred within one year of the injury. Each policy is different however, and the terms of the policy will dictate what coverage is available.

Premises liability cases carry a four year statute of limitations. If liability can be imposed on the owner/operator of the premises, it is best to wait until the injured party has received the benefit of all the medical care they will require to insure as good a recovery as possible before attempting to resolve such a case. When the injured person arrives at maximum medical improvement, the treating physicians can project a long range prognosis that will help determine the value of such a case.

Where fault of the owner/operator can be established, the injured party is entitled to be fully compensated for all of the damages that they may have incurred as a result of the accident. These damages include medical bills, lost wages, the cost of future medical care, loss of future earning capacity and damages for pain and suffering.

We cannot understate how difficult premises liability cases can be. It is very important that you quickly consult with an attorney who is knowledgeable in handling these complicated cases to afford yourself the best opportunity at recovering full compensation.