Posted on Wednesday, January 3rd, 2024 at 4:08 pm
When you go to work on someone else’s property, you expect a safe environment free from hazards that could cause harm. However, accidents can happen, and if you suffer an injury while lawfully working on another person’s premises, you may be entitled to compensation. Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property due to negligence. This means that if a property owner fails to maintain a safe environment or warn visitors of potential hazards, they may be liable for any resulting injuries.
Understanding Premises Liability
In the case of work injuries, premises liability applies when an employee of a company is injured while working on a third party’s property. For example, if you’re a delivery driver and you slip and fall on a wet floor while delivering a package to an office building, the building owner may be liable for your injuries if they failed to address the hazard or warn visitors of the slippery surface.
Property Owner Responsibilities
Property owners have a legal duty to ensure their premises are safe for lawful visitors, including workers who are there to perform their job duties. This responsibility involves:
- Maintaining the property in a safe condition: Property owners must regularly inspect their premises for potential hazards and address any issues promptly. This includes repairing broken stairs, fixing uneven sidewalks, and ensuring proper drainage to prevent slip and fall accidents.
- Repairing known hazards in a timely manner: If a property owner becomes aware of a dangerous condition on their premises, they must take swift action to repair or remedy the situation. Failing to address known hazards in a reasonable timeframe can lead to liability if someone is injured as a result.
- Providing adequate warning of potential dangers: In some cases, hazards may not be immediately repairable. In these situations, property owners must provide clear and visible warnings to alert visitors of the potential danger. This can include placing signs near wet floors, cordoning off unstable structures, or providing verbal warnings to those entering the premises.
- Ensuring proper lighting and security measures are in place: Property owners must maintain adequate lighting throughout their premises to help prevent accidents and deter criminal activity. They should also implement appropriate security measures, such as locks, cameras, or guards, to ensure the safety of lawful visitors.
- Complying with building codes and safety regulations: Property owners are required to follow all applicable building codes and safety regulations. Failing to adhere to these standards can create hazardous conditions and increase the risk of accidents and injuries.
If a property owner fails to fulfill these obligations and a worker is injured as a result, the owner may be held liable for the worker’s damages, such as medical expenses, lost wages, and pain and suffering.
Proving Property Owner Negligence in Work Injuries
To successfully pursue a premises liability claim for a work injury, you must demonstrate that the property owner was negligent in maintaining a safe environment. This involves establishing four key elements:
- Duty of care: The property owner owed you a duty to maintain a safe premises.
- Breach of duty: The property owner failed to fulfill their duty by allowing a hazardous condition to exist or failing to warn of the danger.
- Causation: The property owner’s breach of duty directly caused your injury.
- Damages: You suffered actual harm, such as physical injuries and financial losses, as a result of the incident.
Gathering evidence is crucial to proving negligence in a premises liability case. This may include photographs of the hazardous condition, witness statements, incident reports, and medical records documenting your injuries.
Seeking Legal Advice for Workplace Injury Claims Against Property Owners
If you’ve been injured while working on someone else’s property, it’s essential to seek legal advice from an experienced premises liability lawyer. An attorney can help you:
- Understand your rights and legal options
- Investigate the incident and gather evidence to support your claim
- Negotiate with insurance companies on your behalf
- Pursue legal action against the negligent property owner, if necessary
It’s important to act quickly, as there are time limits for filing premises liability claims. In most cases, you’ll need to file your claim within two to three years of the incident, depending on your state’s statute of limitations.
Contact a Premises Liability Attorney Today
Suffering a work injury on someone else’s property can be a painful and overwhelming experience. However, it’s important to remember that you have rights and may be entitled to compensation for your losses. By understanding the concept of premises liability and the responsibilities of property owners, you can take steps to protect your interests and seek the justice you deserve.
If you’ve been injured while working on another person’s property, the dedicated attorneys at Wallace Miller are here to help. With our extensive experience in premises liability cases and commitment to fighting for our client’s rights, we can guide you through the legal process and work tirelessly to secure the compensation you need to move forward. Contact us today at (312) 261-6193 to schedule a free consultation and learn how we can assist with your workplace injury claim against a property owner.