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3 Questions To Consider When You've Been Injured On Someone's Property

23 March 2016

Alexis Garcia

When you've been injured on someone's property it may not be your fault, and you may be owed money for your medical expenses. If you are struggling to pay your medical bills after an accident, check out these three questions to help you determine if you qualify for a settlement.  

Was the Owner Aware of a Dangerous Condition?

Property owners have a responsibility to keep most people who enter their property free from injury. This includes guests and people they have invited onto their property, such as a repair technician. In some states, even something as simple as failing to remove snow or ice from the walkway could be considered a dangerous condition and the property owner held responsible. If the property owner was aware of the dangerous condition and did nothing to remedy the situation, they could be held responsible.

However, what if the property owner claims they were unaware of the hazard? In this case, the court can still rule in your favor. It comes down to one question: would a reasonable person have been aware of the hazard and done something to correct it? If the answer is yes, the property owner may still be found responsible and have to pay for your injuries.

Were You Trespassing?

If you were trespassing when you got injured, the same rules don't apply to you, so you probably won't get a settlement. If you were trespassing, you had no reason to be on the property, and the property owner had no responsibility to keep you safe because they didn't expect you on their property. However, if the property owner knows a lot of people trespass for a certain reason, such as taking a short cut, they do have a responsibility because now they can expect people will be trespassing. Also, the property owner can't do things that purposely injury trespassers, such as creating a trap.

If the trespasser is a child, the situation may also be different. The exact rules vary from state to state and depend on the child's age. Typically, if a child trespasses and gets hurt, they are not going to receive a settlement unless the property owner knew children would probably trespass (because there is an attractive nuisance: something that attracts kids but is potentially dangerous) that the property had dangerous conditions, that children wouldn't understand the danger and that the property owner did not reasonably maintain their property.

Do You Live in a State With Contributory or Comparative Negligence?

Sometimes, who is responsible isn't cut and dried, and you could be found partially responsible for your own injuries. If you live in a state that follows the contributory negligence system, the news is bad. Even if you are only a little bit responsible for your injuries, you won't get any money. In these states, you can only get a settlement if the property owner is found to be 100 percent responsible for your accident and injuries.

States that follow the comparative negligence system aren't as harsh, but if you are partially responsible, you will get a reduced amount. If the judge finds you to be 30 percent responsible, your settlement is reduced by 30 percent. Some states follow a pure comparative fault rule, which states that even if you are 99 percent responsible, you can get 1 percent of your settlement. However, other states follow the modified comparative fault rule. In these states, you have to be less than 50 percent responsible or else you won't get a settlement.

Even if you think you are partially responsible for your injuries, you should talk to a lawyer to find out if you qualify for an accident settlement. Don't hesitate. Contact an experienced accident attorney in your area today. For more information, contact a personal injury lawyer like Richard M Altman. 

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