An accident can happen anywhere – at the store, in a neighbor’s house, or on public property.
Under Idaho premises liability law, injured people may recover compensation if the accident occurred because a property owner failed to keep the area safe.
In this article, we will explore how Idaho law defines property owner responsibility, and what you can do if you have been injured on someone else’s property.
What Is Premises Liability?
The legal concept which holds property owners and occupiers responsible for injuries that happened due to unsafe or hazardous conditions on their property is called premises liability. Such cases can involve:
- Slip-and-fall accidents on wet floors, or on icy sidewalks.
- Poor lighting or broken stairways.
- Negligent security which leads to assaults.
- Dog bites or unsafe swimming pools.
Under Idaho law, owners have a duty to maintain reasonably safe conditions, and to also warn visitors of any dangers they know about (or should know about).
Duty of Care in Idaho
Courts in Idaho will determine liability based on what the relationship was between the property owner and the injured individual.
Visitors will typically fall into three categories:
- Invitees: Those are people who were invited for business purposes. Owners owe them the highest duty of care, including regular inspections and repairs.
- Licensees: Also known as social guests. Owners must warn them of known dangers that may not be obvious.
- Trespassers: Those are people who enter the property without permission. Usually, owners owe them limited duty. Owners cannot intentionally harm trespassers.
Idaho common law defines these classifications, and they are a key factor in determining fault.
Proving a Premises Liability Claim
In order to obtain compensation, the injured person must show:
- That the property owner owed them a duty of care.
- That the owner breached that duty by not fixing the dangerous conditions or failing to warn about it.
- That this breach caused the injury – for example, that a wet floor was the reason for a fall.
- That the plaintiff suffered actual damages – medical bills, lost wages, or pain and suffering.
Under Idaho’s comparative negligence system, compensation may be reduced proportionately to the injured person’s fault, if there is any.
Common Defenses and Legal Challenges
What the property owners or insurers can argue is:
- That the hazard was obvious and should have been avoided.
- That the injured person was at fault.
- That they had no prior knowledge of any danger.
Idaho also follows a modified comparative fault rule. This means that if the plaintiff is 50% or more at fault, they won’t be able to recover damages.
To overcome these defenses, it is crucial to gather evidence, such as photos, witness statements, and medical documentation.
Steps to Take After an Injury on Someone Else’s Property
In case you’ve been injured on someone else’s property in Idaho, the correct next steps are:
- Immediately after the accident, report it to the owner or manager.
- Take photos of the hazard and of the scene of the accident.
- Seek medical attention promptly – even if you think your injuries are minor, they could worsen.
- Keep all records, such as bills and communication.
- Contact an experienced personal injury attorney before you sign any documents or speak to insurance representatives.
In the unfortunate event you have been injured on someone else’s property and you don’t know what to do next, contact Bendell Law Firm PLLC today. You may have a valid premises liability claim, and with the help of our seasoned attorneys, you can seek and obtain the compensation you rightfully deserve.
We will review your case and explain your rights to you as we work to pursue the compensation you need to begin a smooth recovery.