Injured on Someone Else’s Property: Who is Liable?

This video features David Klibaner, a Personal Injury attorney based in Colorado.

David Klibaner | 888-593-1295 | Free Consult

If you’re injured on someone else’s property, it can be hard to determine liability. So what should you do after an injury occurs on someone’s property due to unsafe conditions?

This Quick Question features David Klibaner, a personal injury attorney based in Denver, Colorado.

To learn more, contact the attorney directly by calling 888-593-1295 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

The property owner is generally responsible for the conditions on their property.

If you are injured due to unsafe conditions on someone’s property potentially caused by a lack of attention, maintenance, or sheer negligence, the property owner is most likely liable for your injury and subsequent damages. However, there are some situations where liability may deviate from the property owner to include a property manager or another tenant. Situations where liability may be more difficult to determine include those where the injury occurred in a common space or area, in which case multiple parties may be involved.

Document the area where the injury occurred.

The first thing you should do after an injury is document the area where the injury occurred, as well as whatever visible factors were present that you think may have played a part in the accident. The best way to document this type of evidence is through photographs and video evidence, as well as witness information and testimonies.

However, if you are injured, your first priority should be seeking medical care and if you wait to do so, it could hurt your case later down the road. If you are unable to document the conditions at the place of the accident due to your injury or receiving medical care, contact a family member or friend that may be able to visit the site and take pictures in your place. Keep the evidence collected from the site of the accident in a safe place where it cannot be lost or deleted.

Contact an attorney to discuss your options.

If you or a loved one have been injured as a result of unsafe conditions on someone’s property, it’s a good idea to contact an attorney, as you might be eligible to file a personal injury claim and obtain compensation to cover your medical bills and other damages. If the accident occurred at work, you may also be eligible for workers’ comp, and the specific parties involved in your case may vary. An experienced personal injury attorney will be able to figure out who is liable for your injury, how to use evidence from the scene to support your case, what your claim may be worth, and how to present your case in the strongest possible light.

Most personal injury attorneys offer free consultations and work on contingency.

Most personal injury attorneys offer free consultations, assuming your case falls into their field of practice. Additionally, most personal injury attorneys work on contingency, which means you won’t pay a penny unless and until they win your case. If a personal injury attorney wins your case, only then will they be paid an agreed upon percentage out of that compensation. If your attorney does not win your case, you are not required to pay anything. With this in mind, if you or a loved one were injured due to unsafe conditions on someone’s property, it’s a good idea to contact an experienced personal injury attorney to get the compensation you deserve.

To learn more, contact David Klibaner directly by calling 888-593-1295 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

Leslie Rhode:
How do you determine liability when injured on someone’s property? In this AskTheLawyers.com™ Quick Question, we asked Colorado attorney David Klibaner.

David Klibaner:
Generally, the property owner is responsible for the conditions on property. Sometimes it can be a property manager or it can even be a tenant, I suppose, in certain circumstances. It can be a condominium where there are common areas and there might be other factors involved. So it's really very difficult. And that’s the kind of situation where the best thing to do is document the condition. If it’s ice, if it’s a bad step, anything really. Cracked concrete. I would try to take photographs. I would immediately report what happened and then I really... At that point try to talk to an attorney if the injuries warrant that.

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