Not all workplace injuries happen at a business’ office or location. Some jobs, like delivery and construction, often take place on someone else’s premises. If dangerous conditions on that property cause an injury, you may have grounds for a third-party claim against the property owner.
Here are some factors that will be considered when determining if you’re eligible to file a third-party claim against the property owner.
Did the property owner know about the hazard that caused your injury?
Property owners should be aware about hazards on their property and address them before someone gets hurt. Regular inspections and communication with tenants can help identify hazards before they cause injuries. If a property owner ignored reports about a hazard or failed to inspect the property for an extended period, they may share responsibility for your injury.
Does the property owner control the area where the injury happened?
Property owners have a duty to maintain safe conditions in their premises, especially if they expect regular foot traffic. However, some owners rent out their property and give tenants control over certain areas, which might lessen their responsibility for your injury.
For example, a lease may require the tenant to handle repairs and maintain safe conditions in parts of the property. A lawyer can review the property records and agreements to determine who may be responsible.
Was there a dangerous condition on the property?
While the building may be up to code or complies with safety standards, even small hazards like wet floors or uneven walkways can cause serious injuries. To support a third-party claim, you will need evidence that a dangerous condition contributed to your injury, such as:
- Unsafe floors
- Broken or unstable stairs
- Poor or absent lighting
- Neglected maintenance areas
Property owners may also look for evidence that the responsible party failed to fix the hazard or warn visitors about it. Proof of their negligence in this aspect strengthens your claim.
Protecting your rights
A workplace injury on someone else’s property does not always end with a workers’ compensation claim. Depending on the circumstances, the property owner or another responsible party may also share liability. Understanding who controlled the property, whether a hazard existed and whether someone knew about it can help your case.
