Property owners have a responsibility that must
be taken very seriously. Whether it is a business opening their doors for
the first time or a homeowner, a duty of care must be extended to all
invitees. Whether you are going to a shopping center or visiting a neighbor,
your safety is the concern of the property owner or the person who is occupying
the property.
When Someone Else is Liable
Naturally, accidents can happen at any time, for any reason.
However, the basics of premises liability is an injury could have been
prevented had the property owner or occupier exercised a reasonable level
of care to ensure invitees were safe while on the property.
Hazards Resulting in Premises Liability Accidents
Premises liability cases are some of the most challenging
claims to process because they must be thoroughly investigated. In
Minnesota, one of the most common types of premises liability cases are due to
failure to properly remove ice or snow from common areas. However, there are
other types of premises liability cases that are far more complex and require
more investigation. Some of these include:
- Injuries
due to improper lighting — lighting must be adequate in
all areas of a property including parking lots, garages and walkways. One
must first be able to prove the owner of the property had knowledge the
lighting was insufficient; if the lights were recently burned out, they
may not have been aware of a problem.
- Flooring
issues — if a floor is highly waxed, there is damaged carpeting
or there are uneven spots in floors, these can cause slip and fall or trip
and fall hazards. These conditions are typically more long-term and they
should have been brought to the attention of the owner and
repaired.
- Poor
security — this is concerning in commercial facilities where an
invitee may be assaulted in a parking lot or garage. If a
property owner was aware they were in a bad area and had not taken proper
precautions to protect persons entering their premises, they may be held
liable.
These are only a few of the common types of hazards that
could result in a property owner being
liable for injuries. Other types of
hazards include swimming pools, amusement rides, elevators and escalators and
toxic fumes in buildings.
Understanding Invitee Versus Trespasser
Another element of personal injury cases in premises
liability claims is the right of the person to be on the property.
When a commercial building is open to the public, such as a shopping center,
those who go to the center to shop or conduct other business are considered
invitees. However, a person who enters the property outside of business hours
for nefarious purposes would be considered a trespasser and as such would have
no legal basis for filing a personal injury claim if they were harmed.
There is an exception to this requirement and that is in the
case of children. Let's use a swimming pool accident as an example. Since 2015,
St. Paul Minnesota statutes required fencing around all outdoor
swimming pools at least 24 inches deep and bearing a surface area of 150 square
feet. This is to prevent trespassing; however, if a child is easily able to
get through a fence because the lock is placed in an area where it
can easily be accessed by a child, the property owner may still be liable under
what is known as the attractive nuisance doctrine.
Premises liability claims are challenging and one must work
with a skilled personal injury attorney who will thoroughly investigate the
claim and help you determine if you have a case against the property owner. If
you or a loved one was injured and you believe the injury could have
been prevented had the property owner exercised proper care, contact
a personal injury attorney in Minnesota for a consultation.
