Property owners in Minnesota have a legal obligation to keep and maintain their premises in reasonably safe conditions for the use as to all parties who enter the premises. This is generally thought of as a duty of care.
There are certain exceptions do this duty, and they usually apply to trespassers. People who have permission to be on a premises are considered entrants, while those who do not have permission are considered trespassers.
While trespassers can often be exempt from the general duty of care, a property owner does still have some legal obligations to trespassers.
Trespasser Exceptions to Duty of Care
Property owners may be held liable for failure to warn trespassers of known artificial conditions created by the property owner. The landowner must know that the condition would likely result in serious bodily harm and the trespasser would not discover the condition.
Property owners can also be held liable for “attractive nuisances,” which is a legal phrase relating to objects that are likely to attract children despite the dangers of being used unsupervised. Swimming pools are a common example of an attractive nuisance.
Much like the trespasser exception mentioned above, Minnesota law states that a property owner is negligent if he or she knows that children are likely to trespass on property where an artificial condition (such as an attractive nuisance) exists and fails to use reasonable care to get rid of the nuisance or protect the children.
Minnesota’s Recreational Use Statute generally provides land owners immunity when they allow public access to their property, so long as that property owner grants people use of the land without charge. A property owner could be liable, however, if the injured person is a trespasser, or if the property owner charged the people using the land.
Strict Liability in Minnesota
Abnormally dangerous conditions can result in strict liability for all injuries for a property owner. If a property owner maintains a condition that carries a high degree of risk for the greater community, the property owner can be held strictly liable for all injuries that result.
Any person who is injured in a slip and fall accident or some other kind of unfortunate event on a dangerous premises should immediately seek medical attention. Not only is it important to have a medical professional accurately gauge the extent of your injuries, but insurance companies for negligent parties will often use any delays in treatment as evidence of injuries not being as severe as claimed.
You should try to take pictures of the scene of your accident, or have a friend or family member take photographs for you. Your next step should be to seek legal representation.
Find a Premises Liability Lawyer in Bloomington, MN
If you sustained severe injuries or your loved one was killed because of a dangerous condition on another party’s property, it is in your best interest to retain legal counsel as soon as possible. JD Haas & Associates represents clients all over Minnesota.
Our firm can investigate the cause of your accident and hold all negligent parties accountable so you get the compensation you need and deserve. Call (952) 345-1025 or contact us online to set up a free consultation that will let our Bloomington personal injury attorneys provide a complete evaluation of your case.