Does it Matter if an Accident Happened on Private Property?

If you’ve been in a car or truck accident, had a fall, or been hurt by an animal, you might not be sure about your rights if the accident occurred on private property. Do you need to take any specific action to protect those rights? Should the police get involved? You might not even be sure whether the property where the accident occurred is private.

The ownership of the premises where the accident occurred can affect your rights as an accident victim in different ways depending on the situation. An experienced accident attorney can help you take the most effective steps to protect your rights and recover full compensation for the pain and other losses you have suffered.

Understanding Private Property

Sometimes it can be challenging to determine whether the property where the accident occurred is public or private. If you were injured at your friend’s house, that would clearly be private property. But what if your friend lives in an apartment and you tripped due to hazardous conditions in the apartment’s common areas? Or what if you were hit by merchandise falling off a shelf in a store that was open to the public?

It is important to understand the distinction between property that is open to the public and property that is publicly owned. When property is owned by a company or individual, it is considered private property, even if the owners make that property available to the public. When property is owned by a government entity, such as a town or county, it is considered public property.

Most streets are public property, but some streets are privately owned and maintained. Parking lots can be either publicly owned or private property. It may be necessary to check property records to determine the ownership of premises where an accident occurred.

When an Accident Occurs on Publicly-Owned Property

So, what happens when an accident occurs on property owned by the government? Your rights and next steps depend on the factors involved. If the accident involves motor vehicles on a public road, for instance, you should ensure that the accident is reported to the police so that they can take the necessary steps to secure everyone’s safety and investigate to file a report that can help establish the cause of the accident. If you were injured by an attack from a person or animal, it is also important to call the police.

If the accident involved a fall or another type of situation where others might not be in immediate danger, it is a good idea to call 911 and let dispatchers determine the kind of assistance you need, which may or may not include police.

If a condition that caused the accident was under the control of a public entity, such as the public works department, it is essential to understand that your right to recovery may be limited. State or local rules may require you to take specific steps to seek compensation for losses, and your time to act may be much shorter than it would be if the accident were caused by the actions of a private person or company. This is one reason why it is very helpful to consult an attorney as soon as possible after the accident so that your legal advisor can ensure that you take the right actions to preserve your claim.

Falls and Other Injuries Due to Hazards on Private Property

All property owners in Georgia have a duty to keep their premises safe for those who could foreseeably enter the property, but the degree of duty owed depends on the circumstances. If someone is trespassing on property, the owner is not under much obligation to take steps to protect that person from harm. (There is an exception in situations where property contains a hazard that would be attractive to children, such as a pool. Then the owner needs to ensure that trespassing children cannot easily enter and get hurt.)

When a property owner encourages others to be on the premises, such as if they open a hotel or store that is ready to accept customers, then the owner of the property has a duty to inspect for hazards and take prompt action to remove the danger, either by fixing the problem or placing signs or barricades to keep people away from something that could harm them.

When private property is open to the public, such as a gas station, convenience store, or apartment complex, and the property owner stands to benefit financially from inviting people onto the premises, then the property owner has the greatest responsibility to ensure the safety of those people and the owner can be held responsible if people are hurt due to a danger that wasn’t adequately addressed. This is known as premises liability.

Property owners can still be held liable for harm that comes to people they allow on the property, even if those individuals don’t benefit them financially. For instance, if the person hurt in a store was not a customer but a salesperson trying to talk to the manager about carrying new products, then the owner’s obligation to keep that person safe is not as great. The owner does not have to inspect to look for potential harm—they need to warn about harm they know of that may not be obvious, such as a loose stair railing. That same level of care is generally owed to personal guests you invite into your home. 

Motor Vehicle Accidents on Private Property

If you were injured in a crash involving a car, delivery truck, motorcycle, or other vehicle and you’re in a private parking lot or driveway, how does that differ from a collision on a public road? It is still a good idea to report the accident to the police, but they may not come to take a report. While it is always a good idea to record information on your phone, including photos of the accident scene, other people involved, the vehicles, signs, and potential witnesses, it becomes even more critical to do so if the police do not take a report.

Even on private property, the other drivers involved still have a duty to operate their vehicles responsibly, and they can be held liable for harm they cause when they fail to fulfill that duty.

Michael M. Day Helps Accident Victims Recover Maximum Compensation on Private and Public Property

Your legal rights and ability to recover compensation can vary depending on the location and cause of your injuries. However, your best steps remain essentially the same. You need to ensure that you receive a prompt and thorough medical examination to detect potential problems, protect your health, and document any injuries. You should report the accident to the authorities and take steps to document the scene yourself. And you should consult an experienced attorney for advice to prevent problems that could jeopardize your ability to recover for your losses. The team at Michael M. Day Law Firm is ready to help. If you’ve been injured in any setting, whether another person’s irresponsible conduct could have contributed to the cause of your injuries, call us at 404-480-4284 or contact us online to learn more about the assistance we can provide.