In Minnesota, the owner or person controlling real property—such as a building or land—must maintain the property in a reasonable and safe condition. However, as personal injury attorneys in Minnesota, we often represent individuals who have suffered a personal injury as a result of the property owner’s or possessor’s failure to meet this standard. Premises liability is a body of law that allows an injured person to seek compensation from the owner or person controlling the real property.

Premises liability is a broad concept that incorporates various types of claims that can occur in different locations. For example, a claim may arise from slipping and falling on a wet floor in a grocery store or restaurant.

Winter Slip-and-Fall Accidents

One of the biggest issues affecting Minnesotans during the winter season is slippery driveways and parking lots. The general rule for injuries caused by accumulations of snow and ice in a driveway or parking lot is that the owner or possessor has a “reasonable time” after a storm has ended to take appropriate action. In some very extraordinary circumstances, the owner or possessor must take remedial actions before the end of a storm.

Timing Is Everything

A party injured as a result of the negligent maintenance of property must bring a claim against the property owner or possessor of the property within the designated statute of limitations. If the cause of the injury was due to negligent maintenance and upkeep of the property, typically the six year statute of limitations of applies. Nonetheless, if the injury was due to some defect in the design or construction of a piece of real estate, a short two-year statute of limitation applies under Minnesota Statute § 541.051.

Duty and Damages

Ultimately, if you are injured in someone else’s property, remember that the general rule of law is that the owner or possessor of the land has a duty to maintain the property in a reasonably safe condition or at least warn individuals of a dangerous condition that the landowner knew or should have known about. Individuals with premises liability claims are entitled to seek damages for pain and suffering, wage loss, and medical bills, amongst others benefits.

Call Us if You Get Hurt in a Premises Liability Accident This Winter

Business and homeowner’s insurance agents will typically deny responsibility for an injury or downplay the damages of a claim. As a result, if you believe you have suffered a personal injury as a result of an owner’s or land possessor’s failure to maintain their property, contact our office for a free consultation.

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