Duty of Care Owed to Victims in a Premises Liability Claim

Accidents that occur on someone else’s property are prevalent. “Premises Liability” cases hold the property owner liable for accidents on their land. Owners owe victims a general duty of care to remove known dangers or dangers they should have known about from the premises. Injured victims may be able to file a successful premises liability claim against the property owner for damages.

Duty of Care in a Premises Liability Claim

For a victim to have a successful premises liability claim—and recover damages—a victim must prove that the property owner breached the duty of care owed to the victim. When a person owns a property, they typically owe a “duty of care” to invitees, guests, and others who may reside or stay at the property. Property owners must ensure their properties are reasonably safe and remedy any known dangers or dangers they should have known about in a reasonable amount of time. If property owners fail to maintain their property—thus breaching their duty—and someone is injured, the owner could be liable. The duty of care may extend to a person occupying and controlling a property rather than the owner. In these cases, knowing who controls the property, where the accident occurs, and whether any other factors could cause complications with the claim or compensation is essential. The duty of care owed to victims only applies to those legally on the property—property owners don’t owe trespassers a duty of care. Property owners must refrain from using willful or wanton harm against a trespasser.

What a Victim Needs to Prove to Hold a Property Owner Liable for Their Injuries

An injured victim must prove that a property owner breached their duty of care owed to the victim and that breach resulted in harm or injury. A victim will need to produce evidence that a dangerous condition existed on the property, an owner knew or reasonably should have known of the hazardous condition, and the property owner failed to remedy the danger in a reasonable period. Further, a victim will need to show they were on the property legally, that the threat caused the victim’s injury, and that the victim suffered actual damages due to the accident.

Negligence in the Duty of Care

Failure to use reasonable care and protect someone who resides on or is invited to a property generally applies to negligence or a breach of the duty of care in a premises liability situation. A property owner may act negligently and cause injury to others to occur, which often leads to a less complicated claim to prove against the owner for injured victims. If a property owner knows there are dangers on the property but that they are not “dangerous enough” to remove, it is possible that a victim can prove negligence. Some negligent activity is less easily observed, such as dangers when repairing an item that is only dangerous to others for a short time or if the owner does not believe a threat could cause harm to someone.

Claims Against the Controlling Party

As aforementioned, sometimes a party controlling a property rather than the owner is the person who owes guests or those residing on the property the duty of care. When the controlling party is not the property owner, the accident’s victim must prove the defending party was responsible for the property at the time of the accident. Further, as in typical premises liability cases, the injuries resulted from the defendant’s negligence or breach of duty of care. The controlling party has the same duty as a property owner—to make all reasonable efforts to remove dangers to invitees and guests on the property.

An Attorney Can Help Navigate

If you were injured on someone else’s property, the best way to recover is to focus on you and your health. You can concentrate better on your health if you let an experienced attorney handle the stress of navigating a lawsuit and getting a fair settlement. Find an experienced personal injury attorney to help you navigate this complex process. Call Mark Grover with the GroverLawKC at 913-432-1000 to schedule your free consultation.

The information on this website is for general information purposes only. Nothing on this site should be considered legal advice for any case or situation. This information is not intended to create; receipt or viewing does not constitute an attorney-client relationship.