Is It Possible to Sue When Injured on Private Property?
Injuries on Someone Else’s Property
While an accident can happen anywhere, some will happen on property that belongs to private owners. Those that have been injured while on private property often wonder if it is possible for them to file a lawsuit because of the damages they have dealt with.
Medical insurance companies cover some of the expenses when a person is injured and needs treatment, but these companies usually do not cover the full cost of everything. As a result, the injured person starts receiving bills for thousands of dollars from hospitals that want their money. Because the injured person likely does not have the funds to cover such high expenses, it makes sense for that person to seek compensation by filing a lawsuit. Whether the person has a strong case or not will depend on several factors, including the laws in the specific state he or she was in when injured. It will also depend on the reason the injured person was on the property in the first place.
The person with the injuries may have been invited over by the property owner to hang out and have fun. Once a property owner invites guest to his or her home, that person takes on the responsibility of making sure no one gets hurt while on the property.
Other Scenarios to Know About
While some people are invited as guests to come to the private property to hang out, there are some other scenarios that exist. There are licensees that get permission to visit the property and spend time on it, even if the owner is not there. The property owner does have the responsibility of making sure there are no conditions that could put visitors at risk of getting hurt. Any potential dangers must be disclosed with those that are staying on the property.
Aside from licensees, there are also trespassers that decide to go on the property without receiving permission from the owner. Even if the person meant no harm, the owner of the land will usually not have any legal duty or responsibility for the person with the injuries. Of course, the owner of the property should not have dangerous traps put out to inflict pain upon others.
There is a difference when the property owner is aware of the trespassers. If the owner knows they are there without permission, he or she then has some responsibility for this person. It is necessary to let the trespasser know of potential conditions that could cause him or her to get hurt, such as bear traps that have been set out. More care is considered when the trespasser is a child simply because they are curious and their brains are not fully developed, so it is possible for them to make poor choices by trespassing on a property that does not belong to them without realizing that what they are doing is wrong.
Things become even more complicated during certain situations. For example, a person may initially be trespassing on the property. The owner could see them walking around and invite them over. Once that invitation is extended to the trespasser, the individual now becomes a guest, and the owner of the home has a duty to protect him or her from getting hurt.
Getting Legal Representation
If a person gets injured while they were on another person’s property, they should get in touch with a lawyer to discuss their situation. They might have a case on their hands, but it does depend on several factors, including state laws and details about the injuries.
Contact a Linwood Personal Injury Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive premises liability attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Law Offices of Richard A. Stoloff represent clients injured because of personal injury in Atlantic City, Egg Harbor, Pleasantville, Galloway Township and throughout New Jersey. Call 609-601-2233 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 605 New Road in Linwood, as well as offices in Philadelphia.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.