Who's fault is it if you get injured on someone else's property?

Answer 1

This is a matter for a court of law to determine (or insurance companies to hassle out). If there was negligence on the part of the property owner then, depending on the circumstances, he could be either be completely liable or partially liable. If there was any contributing factors on the part of injured party they could, again - depending on the circumstances, be found partially liable for contributory negligence

To further emphasize the answer above, to establish fault or negligence in a premises liability claim, the following conditions should be established:

• The amount of control the defendant has on the property and his knowledge about the defect that caused the injury.

• The negligence of the defendant should be established.

• The purpose of the plaintiff -- whether he was there as a invitee, licensee or a trespasser will also be questioned.

Further, any land owner or property possessor will be liable for damages if:

(1) the property owner or possessor owed the injured person a duty of care

(2) the property owner or possessor breached that duty of care or diligence

Answer 2

It just depends on who or what caused the injury. A property owner is not automatically liable for any and all injuries that occur on the property. The fault would lay with the person who caused or most caused the injury.

In order to be held liable, the person or entity would need to have been the cause of the injury through action or negligence. Simply being the owner does not create a liability.

For example, Grandma is elderly, she falls a lot, she falls at home, she falls away from home, she falls on sidewalks, Grandma fell out the elevator when the doors slid open and she fell in the grocery store reaching for a grapefruit and now she fell at your house. She didn't trip over any negligently obscured object you left out and you didn't push her down. You are not liable. Grandma has fallen again and it's no ones fault.

A neighbor teen is playing kick ball while balancing one foot on a skateboard and running into some shrubbery on your property while simultaneously checking his smart device latest text message with YouTube in at lest one ear. You are not liable.

Your neighbor comes over and insists and persists over your objections unexpectedly launching into his perfected standing back flip demonstration. Your probably not liable, but you might wanna call his wife or someone to come get him from your property before he damages something or injures himself and for heavens sake don't offer him a beer.

You built a swimming pool and did not have it secured with the appropriate fence and signage required by ordinance and you can quickly have a liability issue on your hands. You own a retail building with high expected foot traffic and allow certain conditions to deteriorate and again you can be liable.

Sometimes accidents just happen. And sometimes they happen more than not, and sometime it's our own fault and sometimes it's nobody's fault. sometimes It's just life. But sometimes there are things we can and should do to mitigate risks of loss and injury to ourselves and others. When we fail in these common obligations, it's a good idea to have the appropriate liability coverage.

Fortunately, with the Affordable Care Act enacted under President Barrak Obama, our mandatory health insurance policy has no health care limits and provides coverage for all personal injuries and illness with no policy limits. Health related issues are best dealt with through a health insurance policy as it also does not matter how or where an injury or illness occurred.