Premises liability law covers accidents that happen on the property of other people. For example, if a New Yorker slips and falls on an icy sidewalk, or trips over a loose rug at a grocery store, they may have options for litigating their claims for the recovery of their injuries under premises liability law. However, not all individuals who get hurt under these conditions will be able to sue for compensation.
This post will generally discuss who may litigate premises liability claims, and who may not. No part of this post should be used as specific legal guidance. It is important that readers who have premises liability claims understand their rights, and seeking counsel from knowledgeable local personal injury lawyers can be a good way to prepare for a possible premises liability lawsuit.
Parties that may have premises liability rights
Generally, to have rights to sue under premises liability law, a person must have permission to be on the property where their accident occurred. For example, a victim may be invited into the home of a neighbor and then suffer a trip on their steps which results in injury. This victim likely could pursue damages though a premises liability case. Similarly, an individual who legally enters a retail business and suffers a property-based accident could also likely use premises liability law to seek their losses. Though the victim did not have explicit permission to enter the premises, they did enter a space open to them when it was permissible to do so.
Parties that may not have premises liability rights
Several categories of premises liability victims may be barred from recovering damages through premises liability claims. Trespassers, or people who wrongfully or illegally enter other people’s property, often cannot sue if they get hurt while on the land or property of others. Additionally, people who have been warned of property defects and still choose to be on or near them may struggle to recover their losses if they knew about the dangers they faced before their accidents occurred.
Legal support for premises liability claims
Understanding who may be able to sue on premises liability claims is confusing, and it is only one aspect of this extensive law. Individuals who have suffered losses in property-based accidents should be able to focus on getting better, taking care of their families, and returning to their normal lives. Their trusted personal injury lawyers can advise and counsel them on their rights and how best to protect themselves as they seek the recovery of their damages.