Who Is Liable for Injuries That Occur on Commercial or Private Property?
Accidents can happen in the most unexpected places, including stores, restaurants, apartment complexes, or even a neighbor's backyard. When these incidents lead to injuries, the question of liability becomes critical, especially for victims facing medical bills, lost wages, and lasting pain.
At Goldberg, Goldberg & Maloney, we can help you determine who may be responsible when an injury occurs on commercial or private property. Reach out to speak with a personal injury attorney about your case today.
What Premises Liability Means
Premises liability is the legal concept that holds property owners or occupiers accountable when someone gets hurt due to unsafe conditions on their land. This area of law covers a wide range of injuries, from slip and falls to dog bites to inadequate security claims.
Whether a property is commercial or private, the owner may have a legal duty to fix or warn about dangerous conditions. A personal injury attorney can explain how that duty is defined depending on the type of visitor involved.
To better understand liability, it helps to examine the different types of properties and the responsibilities tied to them.
Differences Between Commercial and Private Properties
Commercial properties like retail stores, office buildings, or entertainment venues are held to higher safety standards. This is because they invite members of the public in and benefit financially from that presence.
Private property owners, such as homeowners, also have legal responsibilities but may not be held to the same degree of scrutiny. The duty owed can vary depending on whether the injured person was a guest, licensee, or trespasser.
These distinctions play a key role in determining fault, which leads to our next topic—understanding the property owner's responsibilities.
Property Owner Responsibilities
Every property owner must maintain reasonably safe conditions. That includes addressing known hazards and performing regular inspections to discover hidden dangers.
For example, a store owner should quickly clean up spills, remove obstacles from walkways, and assure adequate lighting. A homeowner should fix broken stairs, fence off unsafe areas, or warn visitors of any known risks.
When those duties are ignored and someone is injured, a personal injury attorney can help investigate whether the owner's negligence played a part. Now let’s explore how negligence itself is defined in these cases.
Proving Negligence in a Premises Liability Case
To hold a property owner liable, you must show they were negligent. This involves proving they had a duty of care, breached that duty, and caused your injury as a result.
Some key elements that are often required include:
Knowledge of the hazard: The owner knew or should have known about the dangerous condition
Failure to act: The owner didn’t fix the hazard or provide adequate warning
Direct cause of injury: The unsafe condition directly led to your injury
Demonstrating these elements takes evidence and legal skill. That’s why it’s helpful to work with a personal injury attorney who knows what to look for. Evidence also becomes critical in proving your claim.
The Importance of Evidence
Physical evidence, witness statements, and documentation are essential in premises liability cases. Photos of the hazard, medical records, maintenance logs, and surveillance footage can all strengthen your case.
Witnesses who saw the incident or the dangerous condition can also support your claims. A personal injury attorney can help preserve this evidence and gather new information before it disappears.
Once you have enough evidence, the next step is determining how much your injury is worth.
Damages You May Recover
Injured individuals can pursue a variety of damages depending on the extent of their harm. These include both economic and non-economic losses.
Some common types of compensation in premises liability cases include:
Medical expenses: Hospital visits, surgeries, physical therapy, and ongoing care
Lost wages: Missed workdays, reduced earning potential, or long-term disability
Pain and suffering: Emotional distress, physical pain, and loss of enjoyment of life
Property damage: Replacement or repair costs for damaged belongings
Knowing the full range of possible damages helps a personal injury attorney advocate for a fair settlement. But even strong claims can be challenged by defense arguments, including those about shared fault.
How Comparative Fault Affects Your Claim
In many states, including Rhode Island, the concept of comparative fault applies. This means your compensation may be reduced if you were partially to blame for your injuries.
For instance, if you were texting while walking and didn’t notice a hazard, the property owner might argue that your carelessness contributed to the accident. A personal injury attorney can help counter these arguments and limit the reduction in your recovery.
Establishing liability also involves determining who actually controls or manages the property, which leads into the next section.
When Property Owners Aren’t the Only Liable Parties
In some cases, the person or entity occupying the property may be different from the owner. Commercial tenants, property managers, or maintenance contractors could also share responsibility.
For example, a shopping mall may lease space to individual stores, each responsible for their own safety standards. Or, a property management company might be in charge of snow removal on a rental property.
Sorting out these relationships is part of what a personal injury attorney does when evaluating a claim. Timing is also important, especially given the legal deadlines for these cases.
Deadlines for Filing a Premises Liability Claim
Each state has a statute of limitations that sets a time limit for filing a claim. In Rhode Island, most personal injury lawsuits must be filed within three years of the incident.
Waiting too long can result in a total loss of the right to pursue compensation. That’s why it’s critical to speak with a personal injury attorney early, even if you’re still recovering.
Now let’s look at some scenarios that frequently lead to premises liability claims.
Common Accidents on Commercial and Private Property
Accidents happen for many reasons, but certain patterns appear again and again in premises liability claims. Some of the most frequent situations include:
Slip and falls: Wet floors, uneven pavement, loose rugs, or ice-covered walkways
Trip and falls: Poor lighting, cluttered aisles, broken stairs, or uncovered wires
Dog bites: Inadequate restraint or warning about aggressive pets
Negligent security: Assaults or robberies on poorly secured premises
Swimming pool accidents: Lack of fencing, warning signs, or supervision
These types of incidents highlight the range of hazards that can exist on any property. To fully understand liability, we also need to explore how guests are classified under the law.
Legal Status of Visitors
The law often differentiates between invitees, licensees, and trespassers. Each category carries different duties for the property owner.
Invitees are people who are invited for business purposes, such as customers in a store. Licensees are social guests. Trespassers are on the property without permission.
Property owners owe the highest duty of care to invitees, a moderate duty to licensees, and generally little to trespassers. A personal injury attorney can help determine how your status impacts your claim.
Understanding those distinctions brings us to a particularly sensitive area of premises liability—injuries to children.
Special Rules for Injured Children
Children are often given extra legal protections when injured on someone else’s property. This is especially true if an "attractive nuisance" was involved.
An attractive nuisance is something dangerous yet enticing to kids, like a swimming pool or abandoned equipment. Property owners may be held liable if they failed to take precautions to protect children.
If your child was injured, a personal injury attorney can help you understand your options and build a case focused on their specific needs.
What to Do After an Injury on Someone Else’s Property
If you’re injured, your immediate focus should be on getting medical attention. But once you’re stable, there are steps you can take to protect your claim.
Some helpful actions to take after a premises injury include:
Report the incident to the property owner or manager
Take photos of the hazard and surrounding area
Get names and contact information for witnesses
Keep all medical records and bills
Avoid giving recorded statements to insurers without legal advice
These early steps help preserve your rights while you recover. If you have more questions, the FAQ section below may provide additional answers.
Frequently Asked Questions
If you're considering a personal injury claim, you're likely to have many questions. Below are answers to some of the most common concerns victims have about liability, timelines, and compensation.
Can I sue a homeowner if I was injured at a private residence?
Yes, if the homeowner was negligent and you were lawfully on the property, you may have a valid claim for compensation.
What if the injury happened in a rental unit?
Depending on the circumstances, the landlord, tenant, or property manager could be liable. A personal injury attorney can investigate the relationships and maintenance responsibilities.
Are trespassers ever eligible for compensation?
In rare cases, yes. For example, if the property owner intentionally created hazards or failed to warn about hidden dangers.
Can I file a claim if I was partly at fault for the accident?
Yes. Under Rhode Island’s comparative fault rules, you can still recover damages as long as you weren’t more than 50% responsible.
Do I need a personal injury attorney to file a claim?
It’s strongly recommended. These cases often involve complicated legal standards and liability disputes. An attorney can protect your interests.
Contact Us to Discuss Your Injury Claim
If you were hurt on commercial or private property, you shouldn’t be left to deal with the consequences alone. Whether it was a store, a neighbor's house, or a rented apartment, you have legal rights.
Your attorney can evaluate your case, gather evidence, and fight for the compensation you’re entitled to. Don’t wait to take action—contact Goldberg, Goldberg & Maloney today to speak with a dedicated personal injury attorney in West Chester, Pennsylvania, and learn how we can help.