When you get hurt because of a danger on someone’s property, you may be able to sue them. How the property is owned and who owns it may play into the case, but maybe not how you might expect.
You can sue for injuries on private property. In fact, most injuries happen on private property. The difference in whether property is “private” or not comes down to who owns it: a person/company or the government itself? Whether the property is actually open to the public or not might change how and when you can sue. But it is actually injuries on public (i.e., government-owned) property that might be harder to sue for.
For help with an injury case on someone’s property, call Schoenfeld Law Firm’s New Orleans, LA personal injury attorneys at (504) 688-7760.
What is Private vs. Public Property?
People often think of “public property” as places open to the public, but this isn’t the legal distinction. While something like a library or a store might both be “in public,” these places are not both “public property.”
Public Property
Public property is government-owned property – i.e., owned by the public. This means that things like libraries, schools, police stations, parks, and city halls are typically “public property.”
Roads and sidewalks may also be “public property.” However, with sidewalks, the owner of the adjacent property is responsible for upkeep, like keeping it clean and clear of debris.
Private Property
Any property owned by a person, company, or other non-government entity is “private property.” This means houses, apartments, stores, and businesses are usually “private property.”
Property can be private and still open to the public, but that doesn’t make it “public property.” For example, stores invite people in constantly to do business, but they are still private property.
Can You Sue for Injuries on Private Property?
Most cases involving slip and falls or other premises liability injuries do happen on private property. Our Louisiana personal injury lawyers can generally sue for injuries if the property owner breached a legal duty that they owed you, and you were injured because of it.
This typically boils down to a property owner who allowed a danger to linger, and someone was hurt on it. For example, if there is a spill in a grocery store, it gets reported to workers, and they do not clean it up, then the store is likely responsible when someone slips and falls in the puddle.
Does it Matter if the Property is Open to the Public?
How and why you are on the property in the first place might change whether you can sue. The law creates three classifications for people on someone else’s property: invitee, licensee, and trespasser. Whether the property was open to the public and why you were there may change what your status is.
Property Closed to the Public
The fact that property is generally closed to the public doesn’t block you from suing if you were allowed to be there. For example, your friend’s home might not be open to the public, but you are allowed to go there if you are invited over. If you get hurt while there, you may be able to sue them.
People invited to a piece of property are likely classified as an invitee or a licensee – more on that below.
Property Open to the Public
If a piece of property is open to the public – such as a store – then people are allowed to come in off the street and be lawfully present in that place. This makes the store owe them a duty, even if the person is not necessarily going to buy something.
Generally, people who come into a place open to the public are licensees – more on that below.
Invitees
Invitees – people who were specifically invited onto the property for the owner’s benefit – are usually owed the highest duty of care by the property owner. This might include someone like a client or customer invited to an office or boutique to do business there.
In these cases, property owners need to search for hidden dangers and clear or warn about the dangers to help keep their invitees safe.
Licensees
Most people who are lawfully present on someone else’s property are licensees. This usually covers customers walking into a store, social guests, and even people who are just passing by on your sidewalk or taking a shortcut across your yard.
Licensees are owed only the barest duty, meaning the property owner must warn about dangerous conditions they already know about.
Trespassers
Anyone who is on property illegally or against the owner’s wishes is a trespasser.
Property owners owe trespassers no duty, except to avoid intentionally injuring them. This means they cannot set traps.
How Status Affects Your Right to Sue
To win a lawsuit, you have to show that the property owner breached their legal duty to you. That duty changes based on your status, with invitees getting the highest duty of care, licensees getting a slight duty of care, and trespassers getting no duty of care.
Applying the Right Duty
Your status on the property needs to be assessed to determine what duty is in effect. Most people will be licensees, but in rare cases, you might be an invitee or a trespasser.
The status changes how hard the case will be. As a trespasser, they owe you no duty, so it will be hard to show they breached that duty. At the other end, invitees are owed a heightened duty, and proving a breach of that duty is easier.
Did the Property Owner Fulfill Their Duty?
Once we determine your status and set the duty, we can assess whether the property owner met that duty or not. Accidents can still happen when the property owner meets their duty, so we need proof that they did something wrong or failed to warn about a known danger.
Suing for Injuries on Public Property
When someone gets hurt on public property, they may still be able to sue, but it can be complex.
Determining Ownership
Public places like public schools and libraries are ultimately owned by the government, and you can sue the school or library itself, as a wing of the government. Other places might not be so clear as to who owns them, such as parks.
Often, the town/city, the parish, or the state itself will be the owner.
Exceptions
As mentioned, sidewalks are publicly owned, but upkeep is the nearby property owner’s responsibility. For slip and falls on sidewalks, you probably sue the store/homeowner even though it is public property.
Restrictions on Lawsuits Against the Government
There are special procedures and limits on damages when you sue the government, so always work with a lawyer.
Call Our Louisiana Personal Injury Lawyers Today
For help with your slip and fall or other premises liability injury, call Schoenfeld Law Firm’s Lafayette, LA personal injury attorneys at (504) 688-7760.
