When a person is injured on another's property due to an existing hazardous condition, the property owner may be held civilly liable in a personal injury civil lawsuit. The liability of the property owner will hinge upon the reason for the injured person's visit and whether the owner owed a duty of care to him or her.
Property owners owe different types of visitors varying duties of care, depending upon whether the person is on the property to conduct business, is an invited guest or if he or she is a trespasser. Trespassers are owed the least duty of care. The hazardous condition must either be one that the owner knew about or about which he or she reasonably should have known. His or her failure to correct the condition or maintain the premises can lead to resultant liability.
In order to prove negligence, the plaintiff will need to demonstrate that the owner owed a duty of care and that the owner breached it. Then, he or she must show that because of the owner's breach, the plaintiff was injured. The person's injury must be actually caused by the breach or proximately caused by it.
Proving negligence in a premises liability action may be difficult. People will often need to prove that their own actions did not cause their injury. When a person files a personal injury civil lawsuit, it is important for them to gather all needed evidence and documentation to support the case. In the event someone has been seriously injured due to a hazardous condition on a property, he or she may be able to recover damages to compensate for the losses suffered. Because of the complexity of negligence laws, many people find it helpful to get the help of a personal injury attorney.