Property owners are responsible for the safety of those living, working or visiting their property. That said, accidents that happen on your property result in numerous concerns, ranging from legal obligations to taking financial responsibilities. This is why it is necessary for property owners to understand what happens if someone gets injured on private property from a legal, social and ethical perspective.
Let’s dive a little deeper and elaborate on what happens if someone gets injured on your property.
When Injuries Occur on Your Property
In the UAE, personal injuries fall under tortious liability and are defined in Federal Law No. (05) of 1985 under Articles 124 to 298. According to this, the victim can claim damages if it’s proven that the damages are caused due to the negligence of the property owner. That said, here is a home maintenance checklist that can be used to ensure that the property is well-maintained.
Generally, the victim can claim damages under the following circumstances:
- Harm must be done due to the negligence or wrongful action of the owner.
- Both the parties involved must have a proximate relationship.
- It is fair and reasonable to impose a duty in all situations.
Aside from physical harm, the victims can also claim damages for psychological and emotional damages. These damages are generally ruled by a different set of processes and rules. Victims claiming psychological damages are divided into two categories: primary and secondary.
Primary are those directly involved in the incident, and for secondary, the following criteria applies:
- Have a direct relationship (of love and affection) with the victim.
- Should have a reasonable level of mental and emotional health.
- Have direct primary victim’s direct perception of harm.
Besides, here are some tips for fire safety in apartments that can prevent accidents.
Types of Personal Injury Cases
The following are the most common types of accidents that fall under the premises liability, leading to personal injury cases.
Fall and Slip
Falling, slipping or tripping is the most common way someone can get injured on your property. It often happens due to wet floors, poor lighting, loose carpets and objects on the walkways. These accidents can be ignored by regular maintenance of the property.
If you find it difficult to maintain your property, seek professional assistance from property maintenance services in Abu Dhabi and other Emirates.
Inadequate Security
These cases involve accidents caused due to negligence in the security of a property like schools, apartments and hotels. For instance, if a hotel visitor gets injured due to the broken door lock, the hotel will be responsible for it.
Pets
Owners are liable for any damage caused due to the unforeseen behaviour of their pet. For instance, if your dog bites any of your employees, you will be responsible for this accident. The victim has all the rights to raise this case under the personal injury category.
Aside from the injury caused by pets, here are some other things to consider before bringing a pet home.
Trespassers
Trespassers enter into the property premises without the consent of the owner. That said, trespassers are often not included in the duty of care by property owners, exempting them from any sort of liability. However, if the owner causes any physical injury to the trespasser intentionally, they will be held accountable for that.
Besides, you can opt for home security services by Dubai Police to avoid any unlikely situation with trespassers.
Damages Awarded by the Court
When someone gets injured on your property, you will have to pay them the damages. The damages can be of different types, ranging from moral to loss of earnings. The compensation is decided as per the type of damage claimed by the victim.
Following are the types of damages awarded by the Court to the victims.
- Physical Damage: Any accident on the property that affects victims’ health.
- Moral Damage: Damages and violation of honour, dignity and liberty of a victim.
- Loss of Earning: Any loss of profit occurred due to the accident that happened on someone else’s property.
- Future Damages: It is only applicable if the victim can prove that the accident will continue to harm them in the near future. However, it is at the complete discretion of the Court.
The above-mentioned are the common types of damages claimed by the victims of accidents that happen on others’ property. However, it is at the complete discretion of the Court to accept or reject these damage claims.
FAQs
What happens if a trespasser gets hurt on your property?
Trespassers are uninvited and enter into the property without the owners’ permission. The owner is not responsible for any injury caused to a trespasser. However, if the injury is caused purposely, the owner will be held accountable as per the law.
If someone gets hurt on my property, am I liable?
Yes, if the incident happens within the premises, the liability of the property owner will be held responsible.
Can you sue someone if you are injured on their property?
Yes, victims can claim damages if they get injured on someone else’s property. However, it is at the complete discretion of the Court to reject or accept the application.
This was all about what would happen if someone got injured on your property. Generally, injuries and accidents can be caused due to inadequate maintenance of the property. Aside from the traumatising event, the property owner may end up paying damages in the form of fines and even jail time.
That said, when buying properties for sale in the UAE, make sure it is properly maintained and does not require major repair work.
Stay tuned to dubizzle’s property blog to know what happens if a handyman gets hurt on your property.
