Can I File a Personal Injury Claim If I Am Injured on Someone Else’s Property?

If you sustain injuries due to an accident that occurs on someone else’s property, you may be entitled to financial compensation. Whether it is a minor slip-and-fall accident or a fall caused due to actively harmful conditions on someone’s property, you can sue the property owner for damages incurred due to the accident. The financial compensation you obtain through such a lawsuit with the help of an experienced personal injury attorney in Virginia can help you sort your medical bills and other expenses resulting from the accident.

Premises Liability Law

Each state has premises liability laws that safeguard an individual who suffers injuries on someone else’s property. All property owners are duty-bound by the law to ensure safe conditions on their premises. They are also responsible to find out any potentially dangerous conditions on their property and repair said conditions to make sure no one is injured.

To obtain financial compensation for the damages caused by such an accident, you need to prove the following things in a court of law:

Personal Injury Claim

Control of the Property

You will need to prove that the place where the accident took place was under the control of the opposite party, which may be a restaurant, shop, or some other public or private property.

Harmful Conditions

Proving the existence of dangerous or harmful conditions on the property that directly led to the accident forms a significant part of your legal claim. All property owners are bound by the law to ensure that no such conditions exist on their property that can potentially harm an individual.

Establishing Liability

To establish liability, you need to prove that you were not responsible for the accident. You can be successful in such a lawsuit if you can prove that the dangerous conditions on the property should have been in the knowledge of the property owner. The owner has the responsibility to repair these conditions to make sure no one would be harmed.

Physical Injuries or Harm

To successfully obtain compensation, you must provide tangible proof of injury or damages directly resulting from said conditions.

Negligence

Negligence on the part of the property owner is not limited to actively harmful conditions on the property like liquid spills, broken stairs, loose carpet, low lighting, etc. It also includes any building code violations, local ordinances, workplace safety regulations, etc.

You will also need to prove negligence to obtain the financial compensation that you rightfully deserve. To do so, you need to demonstrate two things:

  1. The safety hazards or violations existed at the property.
  2. These violations or safety hazards directly led to injuries or damages.

This rule applies to cases like slipping and falling down the stairs at someone’s property. If the property owner fails to follow the building codes for staircases and you prove the fact in a court of law, you can win the lawsuit.

Getting Legal Help

The best way to ensure that you are compensated appropriately for your injuries is to hire an experienced attorney. You can obtain a free initial consultation through most law firms, which can help you get the guidance you need to pursue such a case.

Amanda R. Dubose

Spent high school summers getting to know dogmas in Minneapolis, MN. Spent several years merchandising walnuts worldwide. My current pet project is researching Slinkies in Jacksonville, FL. Spoke at an international conference about testing the market for action figures in Hanford, CA. Spent the better part of the 90's lecturing about cellos in Orlando, FL. Spent 2001-2007 building sausage in Naples, FL. Tv fanatic. Internetaholic. Travel expert. Incurable zombie nerd. Coffee advocate. Hardcore web trailblazer. Gamer.