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When someone gets hurt because of dangerous and poor conditions on public or private property, it falls under the category of premises liability law. Whether at a restaurant, at work, rental property, or commercial space, that person can file a lawsuit to obtain compensation for their damages.

At Gutierrez Law, our personal injury lawyer knows all too well how complex these cases can be. When you're trying to recover, establishing fault can be challenging to do. This article will address a few concerns you might have about accountability after a premises liability accident.

How Do You Prove Fault in A Personal Injury Case?

Each practice of personal injury law is different. While premises liability is one of the most challenging, there are two rules for such accidents. And should the property owner or visitor fail to follow them and exercise a standard of care, they might be to blame for the accident.

The Owner Must Keep the Premises Safe

Under CACI No. 1001. Basic Duty of Care owners, leasers, and occupiers have a legal responsibility to ensure their property is secure and protected for visitors. They must safeguard anyone entering the property from harm and unreasonable risks of injury. Because they have control over the condition and construction of their premises, you have a right to expect that you won't:

  • Slip and fall on a faulty step
  • Suffer a head injury from poor lighting
  • Get hurt on uneven sidewalks and walkways
  • Trip on public property (ex. parks, public transportation)
  • Experience incidents of crime from negligent security

If you do, our attorneys would be able to file a premises liability claim on your behalf. We've helped injured clients through situations involving:

  • Defective hazards
  • Signs of poor maintenance
  • Substandard construction jobs
  • Exposed visible attractive nuisances (ex. pool)

The Visitor Must Act Responsibly, Too

Blame does not always fall on the owner. As a visitor, it is expected that you won't act in a careless or unexpected manner that would cause you harm. If proven you behaved negligently, the owner will not be responsible for your damages.

The same rule often applies to injured employees. As long as the worker can prove they got hurt on the job, they can file a workers' compensation claim. The only time an employee is permitted to file a personal injury lawsuit is if the accident happened on a property that does not belong to their employer.

What Happens If You Get Hurt on Private Property?

The legal responsibility for accidents occurring in private residences is slightly different than at a store or business. When you consult with our premises liability attorney, we will help you ascertain whether the owner or occupier is responsible, as it can get tricky when there are more than two people involved.

There are two types of private residences: rented property and private homes.

If you are a tenant's guest and get injured on their rental property, fault is typically divided between the landlord and the renter.

  • Landlords must maintain the premises outside of the apartment, from stairwells to entrances and hallways. They should also take care of concerns outside the renter's control (ex. faulty wiring, defective appliances, torn walls, cracked floors).
  • Tenants are only responsible for what they own. We refer to their property as "movable items."

Accidents that occur on private properties are more straightforward. If you sustain injuries because a homeowner failed to notify or correct dangerous and hazardous liability risks, make sure to inform them immediately.

Unlike a commercial space, the owner might not make an official report of the incident. Instead, while they call 911, try to take photographic evidence of the scene and gather witness statements. We want to ensure you have all the information needed to hold them accountable. When you're able, reach out to our law offices for legal advice and dedicated representation.

About The Law Offices of Oscar H Gutierrez

Our law firm specializes in helping those injured due to an accident or someone else's negligence.

Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That's why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you are compensated for your pain and suffering. Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement.

Contact our office for a free consultation at 323-999-3500 or email us at