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Premises Liability Litigation

Property owners in Minnesota have a legal duty to maintain safe conditions for visitors, tenants, and customers. When dangerous conditions cause injury, Andrade Law holds property owners accountable and pursues full compensation for victims.

Free Consultation: No fees unless we win your case. Past results do not guarantee future outcomes. This information is for educational purposes only.

Quick Summary

What You Need to Know

Premises liability holds property owners responsible when unsafe conditions injure visitors. Key facts about premises liability claims in Minnesota:

  • Property owners must maintain reasonably safe conditions for lawful visitors
  • Covers all property types — homes, apartments, stores, offices, parking lots, and public spaces
  • Multiple parties may be liable — owners, landlords, managers, tenants, and contractors
  • Minnesota's statute of limitations is generally 6 years — but evidence degrades quickly
  • Prompt documentation of the hazardous condition is critical to your claim

Time-Sensitive?

Act quickly if:

  • The property owner may repair or alter the dangerous condition before you can document it
  • A store or business is denying the hazard existed or blaming you for the fall
  • You need to file a government notice claim (shorter deadlines apply)
  • Insurance is asking for a recorded statement before you have legal counsel
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Minnesota Law

What Is Premises Liability?

Premises liability is a legal principle that holds property owners and occupiers responsible when unsafe conditions on their property cause injuries to lawful visitors. Under Minnesota law, the duty of care owed depends on the visitor's status:

  • Invitees (customers, clients, tenants) — the highest duty of care. Property owners must inspect, discover, and fix dangerous conditions or warn of them.
  • Licensees (social guests) — owners must warn of known hidden dangers but have a reduced duty to inspect.
  • Trespassers — generally owed only the duty to refrain from willful or wanton harm (with special protections for child trespassers under the "attractive nuisance" doctrine).

To succeed in a premises liability claim, you must prove that the property owner knew or should have known about the dangerous condition, failed to address it, and that the condition directly caused your injury. Andrade Law investigates ownership records, maintenance logs, and inspection histories to establish this knowledge.

Minnesota's comparative fault: Under Minn. Stat. § 604.01, you can recover damages even if you were partially at fault — as long as your fault does not exceed 50%. Your recovery is reduced proportionally. Andrade Law challenges attempts to shift blame onto injured visitors.

Attorney Gabe Andrade, Minnesota personal injury lawyer

Your Attorney

Gabe Andrade

Minnesota Personal Injury Attorney

Gabriel E. Andrade brings a personal commitment to every case. As a dedicated personal injury attorney serving the Greater Twin Cities, Gabe combines legal expertise with genuine compassion for clients facing difficult times.

MN Bar #0402606
5.0 ★ Google Rating
Se Habla Español
Available 24/7

Professional Associations

Minnesota State Bar Association Ramsey County Bar Association Hennepin County Bar Association Minnesota Hispanic Bar Association Hispanic National Bar Association Minnesota Association for Justice

Responsibility

Who Is Liable in Premises Injury Cases?

Multiple parties may share responsibility for dangerous property conditions. Andrade Law investigates ownership, lease agreements, and maintenance contracts to identify all liable parties.

Property Owners & Landlords

The owner of the property bears primary responsibility for maintaining safe conditions, including common areas, parking lots, walkways, and structural elements.

Property Management Companies

Management companies retained to maintain the property may be independently liable for failing to address known hazards or perform required inspections.

Business Tenants & Store Owners

Commercial tenants controlling their leased space are responsible for conditions within that space — wet floors, obstacles, falling merchandise, and inadequate lighting.

Maintenance & Cleaning Contractors

Contractors hired for snow removal, janitorial work, or maintenance may be liable if their negligent work created or failed to address a dangerous condition.

Dangerous Conditions

Common Hazards and Property Types

Hazardous Conditions

  • Ice and snow accumulation — failure to clear walkways, parking lots, and entryways during Minnesota winters
  • Wet floors and spills — unmarked recently mopped surfaces, leaking roofs, and product spills in stores
  • Structural defects — broken stairs, loose railings, damaged flooring, crumbling concrete, and collapsing structures
  • Inadequate lighting — dark stairwells, unlit parking lots, and poorly illuminated walkways that conceal hazards
  • Negligent security — lack of locks, cameras, or security personnel in areas with known crime risks, leading to assault or harm
  • Elevator and escalator malfunctions — mechanical failures due to poor maintenance or inspection

Property Types Covered

Residential Properties

Private homes, rental houses, apartment complexes, and condominiums. Landlords must maintain common areas and address reported hazards.

Commercial Properties

Retail stores, restaurants, offices, shopping centers, and entertainment venues. Business owners owe the highest duty of care to customers.

Parking Structures & Sidewalks

Parking garages, surface lots, and sidewalks adjacent to businesses. Poor maintenance, ice accumulation, and potholes are common hazards.

Government Properties

Public buildings, parks, and government-maintained areas. Special notice requirements and shorter deadlines apply to claims against government entities.

Damages

What Compensation Can You Recover?

Premises liability injuries range from minor sprains to life-changing disabilities. Minnesota law allows full recovery for all categories of harm caused by dangerous property conditions.

Medical Expenses

Emergency treatment, surgery, hospitalization, physical therapy, imaging, medication, assistive devices, and all future medical care necessitated by the injury.

Lost Income

Missed wages during recovery, reduced earning capacity from permanent limitations, and vocational rehabilitation costs.

Permanent Disability

Compensation for lasting mobility limitations, chronic pain, and permanent impairment that affects your ability to live and work as you did before the injury.

Pain, Suffering, and Emotional Distress

Physical pain, anxiety, depression, fear of falling, and diminished quality of life. See pain and suffering litigation and emotional distress claims.

Your Next Steps

What to Do After a Premises Injury

1

Seek medical attention

Get medical care immediately, even if injuries seem minor. Falls can cause fractures, spinal injuries, and head trauma that may not be immediately apparent. Medical records from the date of injury are critical evidence.

2

Document the hazard

Photograph or video the dangerous condition that caused your injury — ice, wet floor, broken step, poor lighting. Include wide shots showing the location and close-ups of the defect. Property owners may repair the condition before you can return.

3

Report the incident

Report the injury to the property owner, store manager, or landlord. Request a copy of the incident report. If they refuse to create one, document your report in writing and note who you spoke with.

4

Collect witness information

Get names and contact information for anyone who witnessed your fall or the dangerous condition. Witness statements are powerful evidence that the hazard existed and was obvious.

5

Contact Andrade Law

Before giving any recorded statement to the property owner's insurance company, consult an attorney. Call (651) 800-1313 for a free case evaluation.

Evidence

What Evidence Strengthens a Premises Liability Case?

  • Photos and video of the hazard — taken as soon as possible after the injury, showing the condition that caused the fall
  • Incident reports and maintenance logs — proving the owner knew about the condition or that inspections were inadequate
  • Medical records — documenting the injury, treatment, and connection to the fall or incident
  • Witness statements — from people who saw the fall, the hazardous condition, or who have experienced similar problems on the property
  • Code violations and prior complaints — building code citations, health department reports, and records of previous similar incidents
  • Surveillance footage — security cameras may have captured the fall and the condition that caused it

Common Questions

Frequently Asked Questions

Is a slip and fall covered by premises liability? +

Yes. Slip and fall accidents are one of the most common premises liability claims. If you fell due to a wet floor, ice, uneven surface, or other hazardous condition that the property owner knew or should have known about, you may have a valid claim. Visit our slip and fall litigation page for more details.

How long do I have to file a premises liability claim in Minnesota? +

Minnesota's statute of limitations for personal injury is generally six years (Minn. Stat. § 541.05). However, if the property is owned by a government entity (city, county, or state), you must provide written notice within 180 days. Acting quickly is essential because hazardous conditions get repaired, surveillance footage gets overwritten, and witness memories fade.

What if I was partially at fault for my injury? +

Under Minnesota's comparative fault law (Minn. Stat. § 604.01), you can still recover damages as long as your fault does not exceed 50%. Your compensation is reduced by your percentage of fault. Property owners and insurers often try to shift blame onto injured visitors — Andrade Law challenges these arguments and advocates for fair allocation of responsibility.

Can I sue a government entity for a premises injury? +

Yes, but government liability claims in Minnesota have special rules. You must provide written notice to the government entity within 180 days of the injury. Claims against government entities also have specific caps on damages. Andrade Law navigates these procedural requirements to protect your rights when government property causes injury.

What injuries are common in premises liability cases? +

Common injuries include broken bones (especially hip fractures in older adults), spinal cord injuries, traumatic brain injuries from hitting the head during a fall, soft tissue tears, lacerations, and long-term mobility limitations. Even seemingly minor falls can cause lasting harm that requires extensive treatment.

Related Services

Explore Related Practice Areas

Premises liability injuries often involve overlapping areas of law. Andrade Law coordinates across practice areas to build the strongest possible case.

Slip and Fall Injury Litigation

The most common type of premises liability claim — falls caused by ice, wet floors, and structural defects.

Spinal Cord Injury

Falls on dangerous property are a leading cause of spinal cord injuries and paralysis.

Brain Injury

Head impacts during falls cause traumatic brain injuries requiring specialized evaluation.

Emotional Distress Claims

Fear of falling, anxiety, and psychological trauma from premises injuries support non-economic claims.

All Personal Injury Services

View the full range of personal injury practice areas handled by Andrade Law.

Winter sidewalk and parking lot fall claims involve specific notice requirements and comparative fault rules. See our ice-and-snow fall accountability page.

When inadequate lighting, broken locks, or missing surveillance contribute to an assault or robbery on commercial property, see our negligent security and inadequate protection claims page.

Broken railings, missing handrails, and code-violating step dimensions cause preventable stairway injuries. See our defective stairway and railing fall recovery page.

Free Premises Liability Consultation

Andrade Law — Saint Paul. No fees unless we win your case.

This page is general information, not legal advice. Every case depends on its facts. If you were injured on someone else's property, contact Andrade Law for a free case review.

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