Premises Liability

Do You Have a Premises Liability Claim in Minneapolis, Minnesota?

When you shop at retail stores or a shopping mall, spend a summer day in a swimming pool, or even visit a friend at their home, you expect the property owner to provide a safe environment. Sadly, property owners often leave dangerous conditions unresolved, and their negligence can lead to serious injury. Such premises liability incidents often involve mounting medical bills, emotional distress, and lost earnings due to an inability to work.

Have you suffered a slip-and-fall accident and sustained injuries due to a property owner’s failure to warn visitors or resolve an unsafe condition the owner knew about? Did you become a victim of criminal activity due to inadequate security? Or have you experienced another kind of premises-related injury?

If your personal injury took place on someone else’s property, a premises liability lawyer at RSC Law is ready to provide you with the representation you need. Contact us today to schedule a free consultation. We will work on your behalf to hold property owners accountable and seek a fair settlement through a personal injury claim, based on the specific circumstances of your case.

What Is Premises Liability in Minnesota?

Premises liability in Minnesota outlines the legal responsibility of property owners to ensure the safety of individuals on their premises.

Duty of Care

Under Minnesota law, a property owner must exercise a duty of care toward individuals who are lawfully present on their premises, meaning the property owner is responsible for taking steps to protect visitors’ safety. This includes maintaining safe conditions and taking reasonable measures to prevent harm to visitors. In practice, the duty of care requires a property owner to inspect, repair, and warn individuals about any unreasonable risks of harm on the premises.

Reasonable Care

The duty of care in premises liability cases extends to the concept of “reasonable care.” Property owners must adhere to a standard of reasonable care, which involves assessing potential hazards, conducting necessary repairs, and providing warnings to individuals using the premises. Failure to exercise reasonable care may lead to legal liability for injuries sustained on the property.

Negligence

Premises liability claims are often based on negligent acts or failures to act on the part of a property owner. These liability claims encompass situations where a property owner breaches their duty of care by not addressing known hazards or failing to warn visitors on the premises. Proving negligence is a crucial aspect of a premises liability claim.

A property owner may be held liable if an injury occurred on their property, including circumstances where the property owner had knowledge or should have reason to know about hazardous conditions that could cause harm to individuals lawfully present on the premises.

This legal framework establishes the duty of care owed by property owners to guests and visitors to maintain a safe environment by taking reasonable measures to prevent injuries.

Responsibilities of Owners and Occupiers in Minnesota

When you enter another party’s property, chances are it’s either by invitation of the property owner, or else it’s probably a situation where the property is open to the public. While a property owner or occupier has an obligation to resolve a dangerous condition and would be considered negligent if they knew about it and did nothing to fix it, an occupier’s failure does not apply to a trespasser.

Invitees and licensees are lawful visitors who have implied permission to enter the property; for example, neighbors, supermarket shoppers, etc. An occupier has given an implied promise to these individuals that it is safe to be on their property. In the case of a licensee, who is there for a specific purpose — such as selling a product or service — a property owner also has a legal duty to maintain reasonably safe premises.

However, trespassers — people who are not authorized to be on the property and do not have implied permission to be there — are not owed a duty of care from the property owner.

Explaining the Reasons Behind a Premises Liability Lawsuit in Minnesota

In a bustling, populous city like Minneapolis, accidents on premises are bound to happen. A property owner may want to do the right thing, but could find it challenging to fulfill the highest duty of care to lawful visitors amid the constant activity.
Premises liability claims often arise due to the following:

• Slip and fall accidents
• Dog bites
• Swimming pool accidents
• Amusement park accidents
• Negligent security
• Malfunctioning elevators and escalators

This is not an all-inclusive list, however. If your injuries took place on someone else’s premises and you had legal status as an invitee or licensee to be there, you could have a valid premises liability claim. Consult an experienced premises liability lawyer who can review the details, assess the ability to recover damages, and advise you on the right strategy for pursuing a premises liability lawsuit.

What Kind of Compensation Can I Pursue in a Premises Liability Case?

Following a premises liability accident, you may be able to seek compensation based on the specific details of your case, including:

• Medical expenses
• Rehabilitation costs
• Loss of income due to an inability to work
• Lost earning capacity if the accident caused you to be unable to return to the same type of work
• Pain and suffering
• Emotional anguish
• Permanent disfigurement

Discuss your injuries and losses with your attorney to evaluate your case and plan a strategy to seek to recover damages through a premises liability claim.

Proving Liability in a Premises Liability Case in Minnesota

Seeking financial recovery in a premises liability lawsuit requires establishing that the occupier is liable for the injuries caused by the accident. This is where demonstrating someone else’s negligence plays a pivotal role in a premises liability case.
You must prove:

• The property owner or occupier owed you and others a duty of care to keep their property safe and warn of foreseeable harm.
• The property owner or occupier breached this duty of care.
• The breach caused your accident.
• You suffered a personal injury and losses.

Once the liable property owner or occupier is identified, premises liability law requires establishing negligence by demonstrating that they breached their duty of care to you. Then that breach must be shown to have caused the accident that led to your injuries and/or losses.

Proving fault in premises liability cases can be daunting. Many premises liability cases require a comprehensive investigation to determine who can be held accountable for what happened to the injured person.

An experienced premises liability lawyer with a thorough understanding of liability law in Minnesota can investigate your case and collect evidence to prove negligence and fault in a premises liability injury claim. These are essential steps to pursue compensation for your injuries, your medical bills, and other consequences of the accident.

Statute of Limitations for Minnesota Premises Liability Claims

A statute of limitations is a deadline for filing a personal injury claim. In cases of premises liability involving losses involving bodily injury, Minnesota requires filing a claim within six years from the date of the accident. If you fail to file a premises liability lawsuit within this time frame, you will lose your right to seek compensation. Discuss the applicable deadlines for your unique case details with your attorney, as some circumstances can affect the statute of limitations.

How Can an Attorney with Experience in Minnesota Premises Liability Law Help Me?

Due to the complexities of premises liability law, it is important to consult a knowledgeable and experienced attorney to assess and handle your premises liability claim. An attorney at RSC Law will listen to the details of your case, devise a strategy, and represent you from beginning to end.

An experienced premises liability lawyer can manage the following responsibilities on your behalf:

• Investigate the incident
• Create a legal strategy
• Communicate with the insurance company and other opposing parties
• Compile evidence
• Interview witnesses and experts
• Add up damages
• Negotiate a settlement
• Represent you in court, should it become necessary

Whether you had a slip and fall or another type of accident on someone’s property, trust your premises liability case to the skilled and compassionate RSC Law legal team. From investigating the accident and dealing with the insurance company to establishing negligence and holding an occupier liable, we will support you every step of the way.

Schedule a Free Consultation with Robichaud, Schroepfer and Correia, P.A. to Discuss Your Premises Liability Claim

Do you have questions about your premises liability case? At RSC Law, our knowledgeable and experienced legal team is here to help. During a free consultation, we will evaluate the specifics of your incident and help you pursue appropriate compensation. Call us today at (612) 333-3343 or complete our online form to begin.

We’re here to help.