Under the law in Idaho, property owners have an obligation to make reasonable efforts to maintain a safe environment within their property and to adequately warn visitors of potential safety hazards. The last thing on your mind when visiting a friend/neighbor or when out shopping at your local store is ending up in the hospital with serious injuries. However, these occurrences are quite common. Idaho’s premises liability law allows you to hold the negligent party accountable for your injuries and damages.
If you or a loved one has been injured on someone else’s property due to the negligence of the owner, you need to get a Boise premises liability lawyer involved as soon as possible. While you have a legal right to full fair compensation, it is not always guaranteed. Navigating the legal process of a premises liability personal injury case can be quite challenging, especially if you have no experience with the applying law. What’s more, the property owner and their insurance will be looking to deny your claim or pay the lowest amount possible.
Our highly experienced premises liability attorneys at Boise Personal Injury Lawyers Group will evaluate your case, gather strong and sufficient evidence to prove liability in your case, negotiate a favorable settlement, and also offer effective legal representation if need be. Our team has an impressive track record of winning premises liability and securing millions in compensation for our clients. We can do the same for you. Get in touch with us today at (208) 793-6272 to schedule your free consultation.
Do I Have a Premises Liability Claim?
It is important to note that just because you were injured at someone else’s property it doesn’t automatically mean that the property owner will be held liable for your injuries and damages. Certain standards have to be met for you to have a valid premises liability claim. For instance, you have to prove that there was an unsafe condition that the owner should have reasonably known about, the owner failed to address the condition or provide sufficient warnings, and that your injuries were a result of the unsafe condition and not something else.
Our attorneys at Boise Personal Injury Lawyers Group will help to determine whether your case meets these standards and collect sufficient information and evidence to support your claims.
What Are Some Common Injuries in Premises Liability Cases in Boise?
Premises liability law covers a wide range of incidents that can happen on an individual’s or entity’s property. Here are some of the common premises liability cases that we handle at Boise Personal Injury Lawyers Group:
- Slip and fall accidents caused by wet floors
- Injuries from falling objects
- Animal and dog bites
- Tripping on uneven floors and surfaces
- Defective stairs accidents
- Elevator and escalator accidents
- Structural issues that lead to injury and harm
These are just but a few of the common injuries that give rise to premise liability claims. You can file a premises liability claim from any kind of injury sustained at a business or someone else’s property.
Who Is Responsible for an Injury in a Premises Liability Case?
As noted earlier, for you to hold a party liable for injuries and damages suffered on their property, your case has to meet certain requirements.
- First, it has to be established that there was an unsafe condition at the property. If the property owner had taken reasonable effort to ensure the safety of their property, they can’t be held liable.
- Secondly, it has to be proven that the property owner should have reasonably known about the unsafe condition. If there was no way the property owner could have possibly known about the unsafe condition in their maintenance of the property, they can’t be held liable.
- Thirdly, it has to be proven that the owner failed to address the unsafe condition or provide adequate warnings about the condition.
- Fourthly, it has to be proven that you were injured or suffered some kind of harm as a result of the unsafe condition. If there is no causal connection between your injury and the unsafe condition, then you can’t hold the property owner/manager liable.
It is also important to note that your reason for being at the property at the time of the accident will have an impact on your ability to pursue compensation from the property owner – property owners in Idaho owe different levels of duty of care to different categories of visitors.
Invitees or people who visit the property with the express permission of the owner are owed the highest standard of care. The property owner can be held liable for injuries caused by an unsafe condition that the property owner should have reasonably known if they properly maintained the property.
Trespassers or persons who visit a property without the express permission or knowledge of the owner, are owed the least standard of care. Trespassers are only owed the duty of care of not being exposed to conditions that are intentionally meant to cause harm to them. So, if you were injured as a trespasser, depending on your situation, the property owner may not be held liable for your injuries and damages.
You should also note that Idaho is a comparative negligence state. This means that if you are found to be partially at fault for your injuries, your level of compensation will be reduced by your percentage of fault. However, if you are equally or more at fault for the accident than the property owner, you won’t be able to recover compensation from the property owner.
What If My Child Is Injured?
Based on Idaho’s Attractive Nuisance doctrine, a property owner can be held liable for injuries caused to children and trespassers below the age of 18 years of age. The law defines attractive nuisance as anything that is appealing and attractive to children but poses a potential threat to their safety.
Children are treated differently from adults as they are considered to be more curious and don’t possess the capability to judge the danger posed by a particular situation. This means that even in cases where the property owner has put up warnings about the unsafe condition, they can still be held liable for injuries caused to children. Examples of an attractive nuisance include heavy machinery, unused pools, open pits, etc.
The attractive nuisance law also protects trespassers below the age of 18 years from injuries on other people’s property. This means that even if your child trespassed on the property when they suffered the injury, the property owner can still be held liable. To raise a successful attractive nuisance case in Idaho, you have to prove the presence of the following elements of the attractive nuisance doctrine:
- The presence of a dangerous object/condition that the property owner knew or should have reasonably known posed the risk of attracting and injuring children.
- The object/ condition maintained by the property owner was unusually inviting to children.
- The object/condition was such that the risk it posed wasn’t apparent to an immature mind.
- The child was attracted to the property by the said object or condition.
In the event that your child is injured while trespassing on another person’s property, it is crucial that you hire a premises liability lawyer as soon as possible. Cases involving injuries caused to children on other people’s property are highly nuanced and require the expert mind of a Boise premises liability attorney to ensure that your child’s rights are protected.
What If I Was Injured at My Workplace?
As noted earlier, premises liability law requires property owners to maintain a safe environment and provide adequate warning to visitors to avoid injury or harm to them. However, an employee isn’t considered a visitor, which means you won’t be covered under premises liability law, rather your injuries fall under workers’ compensation law. This area of law deals with the rights of employees injured while performing job-related duties.
Idaho’s workers’ compensation law allows you to recover damages for injuries suffered at the workplace without having to prove the negligence of your employer. However, you lose your right to take legal action against your employer or company. This means that if you are injured at your workplace you can’t seek compensation through a premises liability claim.
Is There a Deadline for Filing a Premises Liability Claim?
Idaho’s statute of limitation imposes a two-year deadline from the date of your accident to file a premises liability claim. This means that if you fail to file your claim within two years from the date of your accident, you may permanently lose your right to pursue compensation.
A Skilled Boise Premises Liability Lawyer Can Help!
To file a successful Boise premises liability case, you need to prove that the property owner should have reasonably predicted that a certain condition within their property posed a risk to visitors. You also want to minimize the amount of fault you bear for the accident and maximize your level of compensation.
To achieve this, you need to seek the assistance of an experienced Boise premises liability lawyer at Boise Personal Injury Lawyers Group. We have years of experience handling premises liability cases and we know what it takes to file a successful premises liability case. Call us today at (208) 793-6272 to schedule your free initial consultation.