When we think of car accidents, we often picture collisions at intersections or rear-end crashes on highways. However, accidents can also happen on private property, which can be just as traumatic. A person might be driving through a shopping center’s parking lot when their car hits a large pothole the property owner neglected to repair. Or, in a dimly lit parking garage, a driver might crash into an unmarked concrete pillar due to the scarce lighting.
Unfortunately, these accidents can happen to anyone, no matter how careful they are. In these cases, the property owner might be liable if poor lot design or maintenance contributed to the accident.
What is premises liability?
Premises liability refers to the obligation of property owners, including store owners and landowners, to ensure safe conditions on their property. It also refers to their potential responsibility for accidents or injuries caused by unsafe or defective conditions.
This includes areas for driving and parking. While premises liability doesn’t automatically fault property owners for every accident, it does require them to take reasonable steps to prevent accidents and keep visitors safe.
Who may be liable in an accident?
Determining liability involves evaluating several factors. Courts typically consider whether either party:
- Failed to exercise reasonable care, such as a driver not paying attention or a property owner neglecting basic maintenance
- Did not follow applicable traffic rules or property safety standards
- Ignored reported safety issues or failed to fix identified problems in a timely manner
If either a property owner or a driver failed to meet their duty of care, and it directly caused an accident with injuries or damages, courts may consider them liable. In Wisconsin, courts use comparative negligence when determining fault in accidents. This means they can assign a percentage of blame to each party involved. For example, a driver might be 30% at fault for speeding, while a property owner could be 70% responsible for failing to fix a dangerous pothole.
Those who are most at fault usually pay the most for damages. Even if the injured person is partly to blame, they can still receive compensation as long as their percentage of fault is not greater than 51%.
Unsure about your next steps?
Car accidents that occur on private property can involve multiple liable parties, making your case more complicated. Professional legal counsel may be necessary.
