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Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

By  Dan McCrary | April 9, 2024

Getting injured on someone else’s property can be a distressing experience, especially if it involves injuries. However, what many may not know is that legal action (Premise liability claim) can be taken if an injury occurs on someone’s property due to the homeowner’s negligence.

Premise liability cases for situations where the homeowner is responsible for the injury. These cases can be filed against both residential and commercial properties. However, the strength of such cases can vary based on certain factors.

For your help, we’ll answer the following: Can I sue if I’m injured on someone else’s property? We’ll also explain what a Premises Liability case involves and discuss the factors that can influence the outcome of such cases. So, let’s dive in! 

What Happens If I Fall On Someone’s Property?

If you fall on someone’s property and get injured, you can file a legal claim against the homeowner. However, several factors need consideration, such as why you were on someone’s property and whether you were the invitee, trespasser, or licensee. 

Both invitees and licensees typically have stronger grounds for a legal claim than trespassers, who enter a property without permission. It’s important to note that public spaces such as malls or parks don’t fall under trespassing.

Since these spaces are open to the public, injuries sustained there can still be valid for a premise liability claim. Just keep in mind that it’s crucial to stick to the rules of public places, such as respecting closing times for parks and malls.

A person can’t file a claim if they enter a public or private place after opening hours, knowing the danger and getting injured. So, if you’re also considering filing a claim, make sure to consider the scenario of the case to determine the validity of a premise liability claim.

What To Consider Before Filing A Premise Liability Claim?

Here are the essential factors to consider before filing a premise injury claim. Understanding these points will help you decide whether your claim is valid, saving you time and effort. Let’s address them one by one.

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1. Reason You Were On The Property

One of the most important factors to consider before filing the premise liability claim is why you were on the property. It decides whether the homeowner is responsible for safety or not. The presence of a person on someone else’s property is divided into three categories. 

  • Invitee: This refers to a person invited by the homeowner for a lawful purpose, such as consulting on construction work at the home.
  • Licensee: These are individuals who are on someone’s property for their own reasons but with the owner’s permission. For instance, friends are allowed to use the yard for a BBQ party.
  • Trespasser: Trespassers are individuals who were neither invited by the homeowner nor have permission to enter the home. 

As you can see, the difference is that the invitee and licensee are individuals who have permission to enter the home. In such cases, it is the homeowner’s responsibility to provide a safe environment to prevent accidents.

If the homeowner fails to provide a safe environment to an invitee or licensee and an accident occurs, they are held accountable. On the other hand, trespassers who are not invited by the homeowner typically can’t hold the owner responsible for safety. 

2. Business Vs. Residential Property

Another crucial consideration for premise liability claims is the type of property where the accident occurred. A business property should prioritize security at a high level as it accommodates numerous people.

Residential property owners also bear the responsibility of providing a safe environment for invited individuals. However, residential homeowners can’t be accountable for maintaining the same higher standard of security as business owners. 

3. Identifying Responsibility

Experiencing an accident on someone else’s property doesn’t automatically make them accountable. An important factor to consider is who was at fault and whose negligence caused the accident.

For example, if you attend a party at someone’s home and decide to swim in the pool despite knowing you’re not a proficient swimmer and get injured, the homeowner may not be at fault. In this case, the homeowner could use your lack of swimming abilities against you.

What Damages Can You Recover With Premise Injury Claim?

The compensation you can recover in a premise injury claim depends on the severity of the injury. If the injury is severe and prevents you from working, you’ll receive compensation for medical expenses, loss of income, and your pain and suffering.

Minor injuries on someone else’s property that don’t require hospitalization or hinder daily activities won’t result in significant compensation. Here’s the detailed list of damages that can be recovered:

  • Medical expenses
  • Loss of wages
  • Loss of future earning capability
  • Pain and suffering
  • Property damage

Final Words

The simple answer is: Can I sue if I’m injured on someone else's property? Yes, it's possible. These types of claims are known as Premises Liability claims, but proving such a claim requires careful consideration of different factors.

For instance, factors such as the reason for being on the property, whether residential or business and who was at fault for the accident play crucial roles. Courts and insurance providers also take these factors into account when determining the validity of a claim.

Hence, it's essential to thoroughly consider the points mentioned above before deciding to file a claim, ensuring that the homeowner is indeed responsible. You can also consult your case with our lawyers to get valuable insight into whether your case has a strong legal basis.

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    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.