North Dakota, Minnesota & Montana Premises Liability Lawyers

Understanding Premises Liability: A Legal Overview

Land and property owners are required by law to maintain their property according to various laws that protect the public. Failure to properly maintain or repair property can result in liability for a property owner if an injury occurs.

Most often the claim is made with the premises liability insurance company. If the premises liability coverage is not adequate to compensate for the damages, the property owner’s personal assets may be at risk.

Key Elements of a Premises Liability Claim Explained

Premises liability claims can take various forms. However, the elements of a premises liability claim will typically be the same:

• The individual who caused your injury was in control of the property, whether it was owned, leased, or being run by them at the time of your injury
• The person in control of the property was negligent or failed to ensure the property was safe
• You were injured while on the property
• The negligence of the person in control of the property resulted in your injuries

If you believe you have grounds for a premises liability claim, contact our lawyers by calling (701) 402-6644 today to discuss your accident.

Common Types of Premises Liability Cases

• Carbon Monoxide Poisoning - Carbon monoxide is a colorless and odorless gas produced when burning fuel used in cars, boats, wood stoves, cooking appliances, and heating/furnace equipment that use propane or kerosene. If carbon monoxide exposure is significant, it can cause headaches, dizziness, nausea, fatigue, heart irregularities, coma, and death. Industry publications estimate that carbon monoxide exposure kills approximately 5,000 people and injures over 10,000 people every year. If you or someone you know has been injured due to carbon monoxide poisoning and if the cause of the exposure is related to someone’s negligence — for example, a landlord fails to appropriately maintain a furnace or a product is defective — you may have a claim for damages. We have handled cases related to carbon monoxide exposure. Experts are available to assess the cause of your carbon monoxide injury and evaluate consequent damages.
• Improper Repair - If an injury occurs because a landowner has failed to properly maintain or repair the property, there is a potential claim for damages. Examples include inadequate snow and ice removal, improper maintenance of a balcony or handrail, and inadequate lighting, especially around steps or stairs.
• Slip and Falls - Slip and fall cases can involve anything from wet floors at grocery stores to improperly maintained sidewalks or parking lots during winter months. To learn more about slip and fall lawsuits, visit our Slip & Fall Injuries page.
• Improper Building Security - Improper building security can include failure to properly light parking lots, hallways, stairwells, etc. It can also include failure to install security cameras or alarms to deter intruders. Improper security cases usually involve some form of assault or injury that occurred as a result of poor security.
• Elevator/Escalator Accidents - If elevators and escalators are not properly maintained they can result in serious crush injuries or even death. These type of accidents are common in older high-rise apartment buildings and office buildings.
• Dog or Animal Attacks - Dog bites or animal attacks are one of the most common types of premises liability claims. Each state is different when it comes to dog-owner liability, so it's important to consult with an attorney who is familiar with the rules of your specific state. Visit our Dog Bites page to learn more.

What Damages Can You Recover in a Premises Liability Claim?

If you have been injured due to unsafe conditions on someone else's property, you may be entitled to recover various damages in a premises liability claim. These damages are typically categorized as economic and non-economic losses, each addressing a different aspect of the harm you suffered.

Economic damages cover quantifiable financial losses resulting from your injury. This includes medical expenses such as emergency care, hospital stays, surgery, physical therapy, and ongoing treatments. If your injuries prevent you from working, you may also recover compensation for lost wages and, in severe cases, a loss of earning capacity.

Non-economic damages address the more subjective impacts of your injury. These may include pain and suffering, emotional distress, and loss of enjoyment of life. For instance, if your injury prevents you from participating in activities you once enjoyed or has caused significant mental anguish, these damages aim to compensate for those losses.

In certain cases involving egregious negligence or willful misconduct, punitive damages may also be awarded. These are designed to punish the at-fault party and deter similar conduct in the future.

To maximize your recovery, it’s crucial to document all losses thoroughly and seek legal guidance to navigate the complexities of your case. An attorney can help identify all potential damages and advocate on your behalf to ensure fair compensation.

Premises Liability vs. Negligence: Understanding the Difference

Premises liability is a specific area of law that falls under the broader concept of negligence. While they are related, they are not exactly the same thing.

Negligence refers to a legal concept that involves a failure to exercise reasonable care, resulting in harm or injury to another person. In general, negligence requires the following elements to be established:

1. Duty of Care: The defendant had a legal duty to act in a reasonably careful manner or to provide a safe environment for others.
2. Breach of Duty: The defendant breached that duty by failing to meet the standard of care expected under the circumstances.
3. Causation: The defendant's breach of duty directly caused or contributed to the plaintiff's injury or harm.
4. Damages: The plaintiff suffered actual damages or harm as a result of the defendant's breach of duty.

Premises liability, on the other hand, specifically relates to injuries or damages that occur on someone's property. It holds property owners or occupiers responsible for maintaining a safe environment for visitors or customers. If a person is injured due to a hazardous condition or dangerous situation on someone else's property, they may have a premises liability claim.

In a premises liability case, the injured party typically needs to establish that:

1. The property owner or occupier had a duty to exercise reasonable care in maintaining the property.
2. There was a dangerous condition or hazard present on the property.
3. The property owner or occupier knew or should have known about the hazardous condition.
4. The dangerous condition was not adequately addressed or warned against, and this failure led to the injury.
5. The injured party suffered harm or damages as a result of the hazardous condition.

While premises liability cases often involve claims of negligence, they focus specifically on the duty of care owed by property owners or occupiers to those who enter their premises.

Need legal assistance? Contact our premises liability attorneys today by calling (701) 402-6644.