Can I Sue for Inadequate Maintenance of Property?
Yes: legal remedies are available if you were injured due to unsafe property conditions
By Canaan Suitt, J.D. | Last updated on January 9, 2024 Featuring practical insights from contributing attorney Mark A. RaczkowskiUse these links to jump to different sections:
- The Four Things You Must Prove in a Premises Liability Claim
- 1. Duty of Care
- 2. Breach of Duty
- 3. Causation
- 4. Damages
- What Evidence Helps Establish a Premises Liability Claim?
- Find an Experienced Premises Liability Attorney
Many unsafe property conditions result from the owner’s inadequate maintenance of the property—repairs that are delayed or never happen. If unsafe conditions—for example, uneven walkways, broken handrails, or loose carpeting—cause visitors injury, the injured person can hold the property owner liable through a premises liability lawsuit.
Here is a practical overview of what you’ll generally have to prove in a premises liability case.
The Four Things You Must Prove in a Premises Liability Claim
“Most premises liability cases are supported by principles of common law negligence associated with land ownership,” says Mark Raczkowski, a Phoenix, Arizona-based attorney whose law office, AZ Premises Law, specializes in premises liability law. “While landowners’ legal responsibilities have developed differently in various jurisdictions, ordinarily, when someone has a premises liability case, they’re alleging negligence.”
There are four elements of a negligence claim:
1. Duty of Care
In any personal injury lawsuit, the plaintiff must first establish that the defendant owed them a duty of care. “When it comes to premises liability cases, common law recognizes that property owners who open their land up to other people for business purposes, or even for social gatherings, have a responsibility to the people that come onto the property,” says Raczkowski.
What a property owner’s responsibility actually requires “comes from the standard of care, which varies across different jurisdictions,” continues Raczkowski. For example, some states base a property owner’s obligations on the visitor’s status as an invitee, licensee, or trespasser.
In line with a modern trend to simplify premises liability, other state laws say property owners have the same obligations regardless of how or why the person is on their land. “There’s a growing argument that we shouldn’t care about how or why the visitor got there—to transact business or as a trespasser. You should simply care about whether the property owner has taken reasonable steps to make the property conditions safe,” says Raczkowski.
2. Breach of Duty
The next element in a negligence claim is showing that the property owner breached their duty of care. “A breach of the duty of care involves the property owner’s failure to maintain the property in a reasonably safe condition,” says Raczkowski.
Crucially, to establish liability in a premises liability claim, you have to prove that the possessor of the property knew or should have known about the dangerous condition. “You have to prove that the property owner knew the hazardous condition was there—it was there long enough for them to know about it, or they would have known about it had they exercised reasonable care. Another way to prove this is if the property owner created the hazardous condition themselves.”
3. Causation
Next, you have to show that the dangerous conditions on the property actually injured you. While an unmarked pothole in a parking lot could be a hazard, if you didn’t actually fall into it and get hurt, there’s no premises liability claim.
4. Damages
The final element in a negligence claim is establishing your damages. You can think of damages as the compensation you’re asking for in a lawsuit or settlement. The rules and potential caps around damages vary from state to state, but generally speaking, damages fall into two categories:
- Economic damages cover expenses and financial losses resulting from your injuries, such as medical bills and lost income;
- Non-economic damages include things such as emotional distress or pain and suffering resulting from the injuries you sustained on the premises.
What Evidence Helps Establish a Premises Liability Claim?
What kind of evidence do you need when setting out to prove a premises liability claim?
“I think photographs of the dangerous condition would probably be the number one type of evidence we could use,” says Raczkowski. Other types of evidence, such as incident reports, photographs or statements taken by the property owner, or video surveillance footage, are things “you aren’t going to get unless you sue them and go into litigation,” he adds.
So, for purposes of consulting with a lawyer about your case, photographs are often the most helpful form of evidence you can compile upfront. They can help a premises liability lawyer assess your case and legal options.
Find an Experienced Premises Liability Attorney
Many attorneys who handle premises liability and other types of personal injury cases provide free case evaluations to discuss your legal rights. Visit the Super Lawyers directory to find a premises liability lawyer for legal advice tailored to your situation.
For more information on this area of law, see our overview of premises liability and related content on slip-and-fall accidents, personal injury law, and wrongful death.
What do I do next?
Enter your location below to get connected with a qualified attorney today.Additional Premises Liability articles
- What Is Premises Liability Law?
- Can I Sue a Restaurant or Retailer if I Was Injured on Its Property?
- Can I Sue for the Negligent Security of Property if I Was Injured?
- Who Is Responsible in Premises Liability Cases?
- Should I Sue for a Slip and Fall Accident? Five Key Considerations
- Legal Risks of Backyard Fun: Understanding the Attractive Nuisance Doctrine
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