There are several guides discussing the concept of premises liability. The law in this area sounds straightforward, but can be enormously complex in its application. The owner or manager of real property has a duty to protect visitors to that property from dangerous or defective conditions of which they know, or should know.
If the injured person is at work when hurt, they may have a claim for both workers' compensation and one against the negligent landowner.
Now, the deciding factor is ownership or control of the premises. If an on-duty worker is injured on premises not owned by his employer, due to a dangerous condition on the premises, clearly that worker is going to get worker’s compensation benefits. That injured person also has a negligence-based personal injury claim against the individual or entity that owns or is responsible for the management of the property. The benefit of pursuing an additional personal injury claim against the owner of the premises can be found in the type of recovery available to the injury victim. Whereas a recovery under worker's compensation does not include an award for suffering or physical or mental distress, a personal injury settlement or verdict most certainly would.
-This Article was updated by Eric Kirk on 12/17/19.