What to Do If You're Injured on Someone Else's Property

Reviewed by Carina Jenkins, J.D.

You don't plan on getting hurt when you visit friends or check out a local business. However, a dog bite, fall or other accident can leave you with costly medical bills or cause you to miss work.

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Legal options may be available if you were injured on someone else's property, and the property owner or their insurance company may have to compensate you for your injury.

When Are Landowners Liable for Injuries?

Laws vary by state, but property owners are often liable for hazardous conditions affecting their land or buildings. Lawsuits against a property owner due to accidents are sometimes called premises liability cases.

Liability for your injuries can depend on several factors, including:

• Whether you were invited to the property
• Your reason for visiting the property
• If the property owner knew or should have known about the hazard
• Whether the property owner provided any warning or protection related to the hazard

Property owners are often required to warn guests about known dangers and may owe a greater duty of care to guests invited to a property for business purposes.

If you were on a property without permission, you could be considered a trespasser. Many states don't hold property owners responsible for injuries sustained by a trespasser unless the owner deliberately caused the injury. For example, a property owner may be liable for setting booby traps or purposefully dangerous conditions.

However, property owners may be liable for injuries to children — even if the child was trespassing — if the injury is due to an attractive nuisance. An attractive nuisance is an object or property feature that would appeal to a child too young to understand the dangers and legality of trespassing. Examples include swimming pools, trampolines and large machinery.

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Immediate Steps to Take if You're Injured on Another Person's Property

As with all injuries, address any immediate medical needs. Injuries can range from mild to life-threatening, and you may not always know right away how badly you're hurt. Call 911 or seek medical attention if appropriate.

Use your cell phone to take pictures of the area or cause of your injury. For example, if you slip on ice or fall on a broken step, having photographs can help your case for compensation. Changing weather conditions, repairs and your access to the property could limit your ability to get photos later.

What Legal Steps Do You Need to Take if You've Been Injured on Someone Else's Property?

Taking the right steps after you're injured on someone's property can help you get fair compensation for medical bills, lost wages and other injury-related expenses.

Speak to a Lawyer

Premises liability cases can be more complicated than you might expect. Your rights could depend on the state, what you were doing on the property and what kind of entity owns the property. A personal injury lawyer can explain your options and help you determine:

• Who to contact about compensation
• Whether a homeowners or other insurance policy applies
• How much time you have to file a lawsuit

Finally, an attorney can advise you on how to proceed with your claim.

Send a Demand Letter or File a Claim

In many cases, the next step is sending a demand letter to the property owner. This letter outlines the incident, describes your injury and demands compensation.

You can also file a premises liability claim against the property owner's home or business insurance policy. You or your attorney can negotiate with the insurance company for a settlement to cover expenses related to your injury.

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Pursue a Personal Injury Lawsuit

You also have the option of filing a personal injury lawsuit against the property owner. The money you receive as a result of the case may have to be paid by the property owner or their insurance company.

Premises liability cases must be filed within a certain timeframe, known as the statute of limitations. This limit varies by state but is often one or two years from the date of the injury. The time may be shorter if your case is against a government entity.

A personal injury lawsuit involves many phases:

• Filing a suit
• Exchanging evidence, such as medical records, photos and insurance policies
• Depositions
• Negotiations and mediation
• Trial

Many cases are resolved with a settlement and don't reach the trial phase.

Does the Type of Injury Matter?

Most injuries that happen on someone else's property are covered by personal injury law. The steps and procedures are often the same whether you hurt your leg on broken stairs or suffer a concussion after slipping on ice.

However, there are some circumstances where the type or cause of injury can affect the case. For example, if an aggressive dog bites you, state laws about dangerous animals could impact your case. Some states also have statutes on assumed risks, such as horseback riding. You can learn which types of laws apply to your case by speaking with a premises liability lawyer.