If you are injured at a friend’s house or while shopping at the department store, you may assume that you have a legitimate claim to compensation because you suffered an injury on someone else’s property. But is the existence of an injury that occurred on someone else’s property all that is needed in order to earn compensation for damages? In today’s blog, we explain if you have a valid claim if you were injured on someone else’s property, but the accident was primarily your own fault.
Injured On Someone Else’s Property
Personal injury claims vary a bit from workers’ compensation claims, and if you are injured on someone else’s property, you’d be pursuing a personal injury claim. For a workers’ compensation claim, you only need to prove that you suffered legitimate injuries and damages as a result of your work duties, regardless of who is at fault or responsible for the accident. As long as the injury occurred while you were performing work duties, and you did not injure yourself intentionally, you can generally collect compensation.
The same can’t be said for a personal injury claim. It’s not enough to prove that legitimate injuries exist; you also need to prove that the property owner holds the majority of the blame for the accident. For example, if they acted in a dangerous manner or failed to take reasonable steps to ensure the safety of their guests, the injured party may have a legitimate claim to compensation. The property owner doesn’t need to intentionally cause your injuries, but if their action or inaction resulted in your injuries, there’s a very good chance that you’d be eligible for injury compensation.
Conversely, as we talked about in the introduction of this blog, if you hold the majority of the fault for your injuries, it’s unlikely you’ll win a personal injury lawsuit. For example, let’s say that you were visiting a friend’s house and were walking down the stairs of their deck. If a stair broke and you were injured during the fall, you’d be eligible for personal injury compensation, but if you simply missed a step during your descent and fell, that’s on you, not the homeowner. You would be ineligible for compensation.
As you can imagine, injuries that occur on someone else’s property are rarely ever black and white in terms of who was at fault. You may feel that the property owner acted negligently, while they may feel that you were the master of your own demise. In these situations, it pays to have a lawyer by your side who can develop a strong case and improve your odds of getting a fair award. Dean and the team at Margolis Law Firm have been able to earn awards for countless clients who have been injured on someone else’s property, and he can do the same for you if you ever find yourself in this situation.
So while it’s possible to earn injury compensation if you are injured on someone else’s property, the simple existence of injuries are not enough to win your claim. You also need to prove that the property owner holds the majority of the fault for the accident that led to your injuries. If your lawyer can prove that they hold at least 51 percent of the fault, you will be able to collect compensations for the damages you incurred.
For more information about personal injury lawsuits involving injuries on someone else’s property, or for help with a different type of injury claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
- Pedestrian Accidents Often Peak In December In Minnesota - December 4, 2024
- What to Consider When Relocating After a Work Injury - November 27, 2024
- Nurse Case Managers And Your Workers Compensation Case - November 20, 2024