All premises liability cases involve an unsafe condition on someone’s property. A property owner is held to the standard of exercising reasonable care in the ownership and maintenance of their property. If a property owner fails to meet this standard and you are injured as a result of their negligent behavior, you might have a premises liability case. If you think you have a premises liability case, reach out to a premises liability attorney on our Minneapolis team.
Premises Liability Case Quick Facts
What is Premises Liability?
A case can be classified as premises liability if a property owner fails to exercise a standard of care legally owed to the injured person on their property.
How Long Do I Have to File a Claim?
The amount of time to file a premises liability claim in Minnesota is usually two years. This time frame is known as the statute of limitations. Each state has their own statute of limitations. This makes it important to talk to an attorney immediately after your accident.
Duty of Care and Causation
The issue of liability often revolves around the concepts of a “duty of care” and “foreseeability.” Since businesses and retailers expect patrons on their premises, they have a duty to ensure people aren’t exposed to hazards and dangers. Additionally, when construction is necessary or when the threat of crime is a possibility, property owners should foresee potential dangers and take action to either minimize or eradicate them.
In addition to proving liability, causation must also be proven in a premises liability claim. When proving causation, it must be shown that the defendant’s negligence was at least a substantial contributing cause of your injuries. The facts of a case play a major role in determining causation. An immediate investigation is often critical in documenting the facts that led to the incident. When we are hired, we immediately commence an investigation to secure the facts and evidence necessary to succeed with the case.
Relationships to the Property Owner
The extent in which a property owner is liable for injury occurring on their land differs depending on the property owner’s relationship to the injured person.
Invitee – Someone a property owner invites, either directly or implicitly, on to their property (ex: a contractor).
Licensee – This is someone invited on to the property, but where no legal contract exists between the two parties (ex: a social guest).
Trespasser – The property owner has a different level of liability to the trespasser depending on if they are aware the individual is on their property or not. If known, the property owner must attempt to remove any foreseeable hazards.
Goldenberg Lauricella Can Help
With over 30 years of experience in the world of premises liability, Goldenberg Lauricella should be your first call if you get caught up in a premises liability case. We have the team and the passion to get you the results that you deserve.
Free Consultations
If you feel that you’re in need of a premises liability lawyer, our Minneapolis lawyers would be happy to hear your story. Reach out and get a free consultation from our team to see what we can do for you.
True Story
“Bill” was an employee at a maintenance company. One day, he received a call about a water leak in the second story of an old, unoccupied barn. He spoke to the barn owner who told him of the problem and said to go to the second floor to fix the leak. In the conversation, the owner failed to tell Bill that the floor only covered half the upper level. Despite turning on a light, most of the second floor was dark. Bill could hear the leak, and as he stepped forward, the floor abruptly ended. He fell more than 25 feet to the floor below, fracturing his back and sustaining a brain injury. Despite these facts, the barn owner’s insurance company denied liability. Bill retained Goldenberg Lauricella, and we investigated the situation and initiated a lawsuit. We were able to prove the barn owner failed to warn of hidden dangers on the property and obtained a significant settlement for Bill.
Premises Liability Lawsuit FAQs
What is a premises liability lawsuit?
A case can be classified as premises liability if a property owner fails to exercise a standard of care legally owed to the injured person on their property.
How long do I have to file a claim?
The time frame in which a client has the ability to file a lawsuit is known as the statute of limitations. Each state has their own statute of limitations, which makes it important to talk to an attorney immediately after your accident.
Do I have a premises liability case?
With over 30 years of experience in the world of premises liability, Goldenberg Lauricella should be your first call if you get caught up in a premises liability case. We have the team and the passion to get you the results that you deserve. Contact us today for a free consultation.