Under certain conditions, property owners are responsible for an injured party’s damages if an accident occurs on their premises.
Summary
- Minnesota property owners must ensure the safety of visitors on their premises to avoid liability.
- Premises liability law requires property owners to maintain safe conditions, warn of potential dangers, and regularly inspect their properties.
- Common types of premises liability accidents in Minnesota include slip and falls, elevator and escalator accidents, and swimming pool accidents.
- Visitors to a property are categorized as invitees, licensees, or trespassers. Each has different protections and rights under premises liability law.
- Injured victims can seek compensation for medical expenses, lost wages, and more with a personal injury lawyer’s help.
As a Minnesota property owner, it is important to understand your legal obligations and responsibilities regarding ensuring the safety of other people on your premises. Accidents can happen at any time and may result in serious injury or even death.
In such instances, the question of liability arises and the property owner may be held responsible for the victim’s injuries. Determining liability can be a complex matter, influenced by the circumstances under which the accident occurred and the relationship between the property owner and the injured party.
It’s important to familiarize yourself with the legal principles that determine liability in personal injury cases that occur on private property in Minnesota. Whether you are a homeowner or a business owner, understanding your legal obligations to maintain your property in Minnesota can help you proactively ensure the safety of guests and visitors.
The premises liability attorneys of Sand Law LLC are here to help if you were hurt on someone else’s property because the owner failed to act in a responsible manner. Call us at (651) 362-4143 or submit this contact form to book a free case evaluation.
Premise Liability Law in Minnesota Outlines When Property Owners Are Responsible for Injuries
Premises liability law in Minnesota pertains to the legal responsibilities of property owners or occupants in relation to any harm or injury experienced by individuals on their property. Typically, these responsibilities involve taking reasonable measures to ensure:
- the safety of visitors,
- notifying them of any potential dangers, and
- upholding the property in a safe condition.
In Minnesota, premises liability law is a crucial component in personal injury lawsuits. It serves as the legal framework for determining whether a property owner can be held accountable for injuries sustained on their premises.
In Minnesota, premises liability law is established and regulated under the Minnesota Statutes Chapter 327. This law applies to all property owners and occupants and specifies the circumstances under which the owner or occupant may be deemed responsible for injuries occurring on their property.
According to this law, property owners can be held liable for injuries resulting from their negligence or failure to maintain a safe property. This encompasses harm caused by flaws, unsafe conditions, or activities on the premises. In such instances, the property owner may be held responsible for any resulting injuries due to their negligence.
Common Types of Premises Liability in Minnesota
In the state of Minnesota, property owners and occupiers are responsible for ensuring the safety of their visitors by conducting routine inspections of their property, repairing any known hazards promptly, and providing adequate signage to caution guests of any unmitigated dangers. Failing to do so can result in visitors getting injured.
Slip and Fall Accidents
Common premises liability accidents include slip and fall incidents, which are prevalent in Minnesota. Property owners can be liable for slip and fall for various reasons, such as not addressing liquid or debris on flooring, potholes in parking lots, poor lighting, and damaged or defective staircases and handrails.
Slip and fall accidents account for over a million visits to emergency rooms in the United States each year. Older adults and young children are the most susceptible to injuries like traumatic brain injuries, hip fractures, spinal cord injuries, or soft tissue damage.
Elevator And Escalator Accidents
Elevator and escalator accidents pose a risk of injury to guests in apartment complexes, hotels, malls, and other tall buildings, as the moving parts of these apparatuses can malfunction. While the number of deaths due to accidents on elevators and escalators in the U.S. is relatively low (approximately 27 per year), injuries ranging from mild to severe are common.
Examples of elevator-related injuries include individuals being struck by a closing door while entering, tripping on an improperly leveled elevator, and being trapped between floors. In the case of escalators, injuries can occur from sudden stops, such as getting fingers or clothing caught in the escalator belt or being jolted and falling down the staircase.
Swimming Pool Accidents
Swimming pool accidents are common, and property owners or occupiers are required to take necessary precautions to prevent them. This includes ensuring proper supervision for guests while swimming, posting warning signs, and regularly checking and maintaining the pool equipment such as lighting, filters, drains, and heating systems to minimize risks of entanglement or electrocution.
Properly enclosing and covering pools is also essential to prevent unsupervised access by children. Accidents related to swimming pools can happen in various settings such as corporate pools in hotels, public swimming pools, and private residential pools, potentially leading to premises liability issues.
Other common types of premise liability accidents include construction accidents, dog and animal attacks, dangerous conditions at school, and playground injuries.
Categories of Visitors and Their Rights Under Premise Liability Law
In Minnesota, premises liability law outlines the rights and expectations of individuals who visit properties. Visitors can be categorized as invitees, licensees, or trespassers.
- Invitees refer to individuals allowed in the property with the owner’s permission and invitation, and the owner has a duty to ensure their safety and protect them from harm while on the premises.
- Licensees are individuals allowed on the property with the owner’s permission but not by invitation. In this case, the owner must caution them about any hazardous conditions that are known to the owner.
- Trespassers are individuals who enter the property without permission or invitation from the owner. In such a case, the owner is not required to maintain the property for their safety or to ensure their protection.
The Rights and Expectations of Invitees
The rights and expectations of invitees who visit property owners in Minnesota are defined by premises liability law, dictating certain safety standards that property owners are responsible for adhering to. Invitees can anticipate that the property owner will:
- Exercise reasonable care to maintain a safe environment free from hazards.
- Notify invitees of both known and hidden dangers present on the property.
- Conduct regular inspections of the property to identify and rectify any potential hazards.
In addition, invitees have the right under premises liability law to pursue compensation if they sustain injuries due to the property owner’s negligence.
This compensation may cover medical expenses, costs stemming from the injury, and any pain and suffering resulting from the incident. Property owners are obligated to take the necessary precautions to ensure the safety of invitees who come onto their premises.
Rights and Expectations of Licensees
In Minnesota, licensees are individuals who are authorized by the property owner to enter the premises. They are afforded legal protections under premises liability laws. A licensee is someone invited by the property possessor to enter or stay on the property for their own benefit.
The property owner or occupier is responsible for exercising reasonable care in safeguarding licensees from any injuries stemming from hazards that the owner/occupier was aware of or should have been aware of.
Additionally, property owners are responsible for informing licensees of any potential risks present on the property. If licensees sustain injuries due to the property owner’s negligence, the owner may be held accountable for the harm caused.
In Minnesota, trespassers unlawfully enter or remain on another person’s property without consent or invitation. Generally, the property owner is not held responsible for any injuries sustained by trespassers while on the premises.
Nevertheless, the property owner may be held responsible for injuries resulting from deliberate or reckless misconduct. Additionally, Minnesota property owners can be liable for intentional or extreme negligence that harms trespassers.
If a known hazardous condition exists on the property and the owner fails to take reasonable measures to warn trespassers about it, the owner may also be liable for resulting injuries in a personal injury claim. Furthermore, the owner may be found liable if the property has been intentionally designed or arranged to harm to trespassers.
Seeking Compensation When a Property Owner is Responsible for Your Injuries
If you were injured by a hazard on someone else’s property, you may qualify to seek compensation for your injuries. You can do so through a premises liability claim, which falls under the category of personal injury claims.
This claim is typically filed by you or your Minnesota personal injury lawyer against the property owner’s insurance policy. It should outline the specific details of the incident, your expenses, and the compensation you are seeking.
Upon receiving the claim, the at-fault party’s insurance provider has three choices:
- Accept responsibility for their policyholder’s actions and pay the full amount demanded
- Deny responsibility and provide a reason for the denial
- Propose an out-of-court settlement for a lesser sum
If the insurer makes a settlement offer, your Minnesota premises liability attorney can negotiate to secure a higher amount. However, if the insurer denies your claim or offers an inadequate settlement, your attorney can initiate a premises liability lawsuit.
Minnesota Statutes of Limitation for Personal Injury
In Minnesota, the statute of limitations for filing a premises liability claim is generally six years. Alternatively, it may be two years from the date of the accident if design or construction defects caused the injury.
There are exceptions to this deadline, such as a shorter timeframe for filing a claim against a government agency. To determine the appropriate timing for filing your claim, consult with a skilled premises liability lawyer at Sand Law LLC.
Compensation Available to Injured Victims in Minnesota Premises Liability Cases
In Minnesota, individuals who have suffered injuries can pursue compensation for their damages. To do so, you’ll need to provide proof of your losses, which may include:
- Medical expenses associated with their injury. Costs can include emergency care, hospitalization, surgical procedures, prescription medication, and assistive devices like wheelchairs or crutches.
- The costs associated with physical therapy, rehabilitation, or long-term care.
- Loss of wages for time missed from work due to the injury.
- Loss of future income earning capacity in the event of permanent disabilities that limit the victim’s ability to earn an income equivalent to their pre-accident earnings.
- Property damage, such as lost or damaged personal belongings.
- Compensation for physical pain and suffering and emotional distress incurred as a result of the injury.
It’s important to note that the compensation available to injured victims varies depending on the specific details of the case. Consulting with an experienced Minnesota personal injury lawyer could help you understand the compensation available based on your unique situation.
How a Sand Law Minnesota Premises Liability Lawyer Can Help You
Sand Law LLC is a reputable Minnesota firm with a strong record advocating for individuals in personal injury legal proceedings. If you or a loved one has suffered an injury on someone else’s property due to the owner’s negligence, our experienced premises liability lawyers are here to help hold them responsible.
We understand the complexities of premises liability law and can provide the guidance needed to pursue the compensation you deserve. Take the first step towards seeking justice today. Call (651) 362-4143 or submit this contact form to book a free case evaluation with Sand Law LLC. Let us help you navigate your personal injury claim and work towards a favorable outcome for your case.