Injured on someone else’s property in Watertown? You may need a premises liability lawyer for a liability claim. Property owners have a legal responsibility to maintain safe conditions for visitors and guests. When they fail to do so, and you’re injured as a result, you deserve compensation for your medical bills, lost wages, and pain and suffering.
At Turbak Law Office, P.C., we represent injured individuals in premises liability claims throughout South Dakota. We’ve handled cases involving slip and fall accidents, negligent security, inadequate maintenance, and other property-related injuries. Our plaintiff-only practice means we never represent property owners or insurance companies; we focus exclusively on helping injured individuals recover the compensation they deserve.
With over 40 years of experience and a proven track record of securing substantial jury verdicts, our team knows how to investigate premises liability claims thoroughly. We negotiate with insurance companies effectively. If you’ve been injured on someone’s property, contact us for a free consultation. We work on a no-recovery, no-fee basis, so you pay nothing unless we win your case.
What is Premises Liability?
Premises liability is an area of law that holds property owners responsible for injuries that happen on their property. These injuries result from unsafe conditions or negligence. Property owners have a legal duty of care to maintain reasonably safe conditions for people who enter their property. This principle is fundamental to personal injury law in South Dakota.
This duty varies depending on the visitor’s status. In South Dakota, property owners owe the highest duty of care to “invitees”—people invited onto the property for business purposes. Examples include customers in a retail store or restaurant. They owe a lower duty to “licensees”—people who enter with permission but not for business purposes, such as social guests. Property owners owe minimal or no duty to trespassers, except in cases where they intentionally harm them.
Premises liability covers injuries that happen in many types of locations. These include retail stores, restaurants, apartment buildings, office buildings, shopping centers, hotels, and private residences. Common causes of premises liability injuries include wet floors, broken stairs, poor lighting, inadequate security, unmaintained grounds, and hazardous conditions that property owners knew about or should have known about.
Key Responsibilities of Property Owners:
- Regularly inspect the property for hazards
- Repair or maintain unsafe conditions promptly
- Warn visitors of known dangers
- Provide adequate security measures
- Remove obstacles and debris from walkways
- Maintain proper lighting in common areas
- Address weather-related hazards (snow, ice)
Common Premises Liability Injuries We Handle
Premises liability injuries can range from minor to catastrophic. At Turbak Law Office, P.C., we handle cases involving:
Slip and Fall Accidents – The most common type of premises liability injury. These happen when property owners fail to clean up spills, maintain floors, or warn of hazardous conditions. Our slip and fall attorneys have extensive experience with these cases. Slip and fall accidents require immediate documentation and legal action.
Negligent Security Injuries – When property owners fail to provide adequate security measures, resulting in assault, robbery, or other crimes against visitors. This includes inadequate lighting, broken locks, a lack of security personnel, or failure to address known criminal activity in the area. Negligent security claims often involve complex liability analysis.
Inadequate Maintenance Injuries – Injuries caused by broken stairs, handrails, elevators, or other structural defects that property owners failed to repair or maintain. These cases often require expert witness testimony to establish negligence.
Unsafe Conditions – Injuries from hazards such as potholes, uneven surfaces, debris, or environmental hazards that property owners failed to address. Documenting these conditions is critical to proving property owner liability.
Dog Bite Injuries – When property owners fail to control dangerous dogs or warn visitors of their presence. Learn more about dog bite liability and what damages you can recover.
Swimming Pool Accidents – Injuries from inadequate supervision, lack of safety equipment, or failure to maintain pool conditions. These cases often involve premises liability claims for drowning or near-drowning incidents.
Retail Store Injuries – Falls or injuries caused by merchandise displays, cluttered aisles, or unsafe store conditions. Retail premises liability cases frequently involve slip and fall accidents on wet or cluttered floors.
Each case is unique. The circumstances surrounding your injury will determine whether you have a viable premises liability claim. Contact our Watertown personal injury attorneys for a free evaluation.
How Turbak Law Office, P.C. Handles Premises Liability Claims
Our approach to premises liability cases is thorough, strategic, and focused on maximizing your recovery. Here’s how we handle your claim:
Investigation and Evidence Gathering – We immediately investigate the property and circumstances of your injury. Our forensic investigator, Nic Ahmann, has 13 years of experience in law enforcement and expertise in electronic evidence analysis. We photograph the scene, document hazardous conditions, and preserve video surveillance footage before it’s deleted. This investigative process is critical to building a strong personal injury case.
Plaintiff-Only Representation – Unlike many law firms that represent both injured people and insurance companies, Turbak Law Office, P.C. represents only injured individuals. This means we have no conflicts of interest and can focus entirely on your recovery. We never represent property owners or insurance companies. Our plaintiff-only practice model ensures your interests come first.
Expert Witness Coordination – We work with medical experts, engineers, and other professionals to establish the property owner’s negligence. We also document the extent of your injuries. Expert witnesses strengthen your case by providing professional testimony about liability and damages.
Insurance Negotiation – We handle all communications with insurance companies to ensure a seamless process. Our experience with insurance bad faith litigation gives us insight into how insurers evaluate claims. We use this knowledge to negotiate fair settlements. Many insurers use tactics to minimize payouts, and we know how to counter them.
Trial Preparation – If the insurance company refuses to offer fair compensation, we prepare your case for trial. Nancy Turbak Berry holds the South Dakota record for the largest personal injury jury verdict. Our team has the trial experience to take your case to court if necessary. We’re prepared to litigate aggressively when settlement negotiations fail.
No Recovery, No Fee – We work on a contingency basis, meaning you pay nothing unless we recover compensation for you. This arrangement aligns our interests with yours and removes financial barriers to legal representation.
South Dakota Premises Liability Laws
Understanding South Dakota’s premises liability laws is essential to your case. Here are the key legal principles that apply:
Duty of Care Standards – South Dakota recognizes different levels of duty based on the visitor’s status. Property owners owe the highest duty to invitees (business visitors). They owe a lower duty to licensees (social guests). They owe minimal duty to trespassers. Understanding your status as a visitor is crucial to establishing property owner liability.
Modified Comparative Negligence – South Dakota follows a modified comparative negligence rule. You can recover damages even if you were partially at fault for your injury. However, you must have been less than 50% responsible. Your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000.
Statute of Limitations – You have three years from the date of your injury to file a premises liability lawsuit in South Dakota. This deadline is critical—if you miss it, you lose your right to sue. This is why it’s important to contact an attorney as soon as possible after your injury. Evidence preservation is time-sensitive.
Property Owner Immunity – South Dakota law provides limited immunity to property owners in certain circumstances. These include injuries on natural terrain or during recreational activities. However, these exceptions are narrow. Most premises liability claims proceed despite immunity defenses. Understanding these exceptions is important to evaluating your case.
Invitee vs. Licensee vs. Trespasser – Your status as a visitor affects the property owner’s duty of care. Invitees (customers, business visitors) receive the highest protection. Licensees (social guests) receive moderate protection. Trespassers receive minimal protection, though property owners cannot intentionally harm them. This distinction is fundamental to premises liability law.
Why Choose Turbak Law Office, P.C.
When you’ve been injured on someone else’s property, you need an attorney who understands premises liability law. You also need someone with the experience to fight for your rights. Here’s why Turbak Law Office, P.C. is the right choice:
Over 40 Years of Experience – Founded in 1982, Turbak Law Office, P.C. has handled personal injury cases for over four decades. Nancy Turbak Berry, our founding partner, is a Fellow of the American College of Trial Lawyers. She was named Trial Lawyer of the Year by the South Dakota Trial Lawyers Association in 1997. She holds the South Dakota record for the largest personal injury jury verdict. Our case results demonstrate our commitment to maximizing client recovery.
Plaintiff-Only Focus – We represent only injured individuals. We never represent property owners, insurance companies, or defendants. This means we have no conflicts of interest. We can dedicate ourselves entirely to your recovery. Our About Us page outlines our firm’s commitment to representing plaintiffs.
Board-Certified Trial Advocate – Nancy Turbak Berry is board-certified as a trial advocate in Civil Trial Advocacy by the South Dakota Bar Association. This certification recognizes her extensive trial experience and legal knowledge. Board certification demonstrates mastery of trial advocacy.
In-House Forensic Investigation – Our team includes Nic Ahmann, a forensic investigator with 13 years of experience in law enforcement. He can analyze electronic evidence, preserve video surveillance, and conduct thorough scene investigations. In-house forensic capabilities give us a significant advantage in premises liability cases.
Insurance Bad Faith Knowledge – Our experience with insurance bad faith litigation gives us insight into how insurance companies evaluate claims. We know their tactics and how to counter them. This expertise helps us negotiate better settlements and identify bad faith conduct.
Free Consultation – We offer a free initial consultation to discuss your case and answer your questions. There’s no obligation, and you’ll get honest advice about your claim. Contact us today to schedule your free consultation.
No Recovery, No Fee – We work on a contingency basis. You pay nothing on your behalf; we recover compensation for you. This arrangement eliminates financial risk associated with pursuing your claim.
Local Watertown Presence – We’ve served the Watertown community since 1982. We understand local property owners, local businesses, and local juries. Our deep roots in the community give us valuable insights into local litigation dynamics.
24/7 Availability – We’re available for emergency calls 24 hours a day, 7 days a week. Call 605-886-8361 now to speak with an attorney about your premises liability claim.
Frequently Asked Questions
What do I need to prove in a premises liability case?
To win a premises liability case, you must establish four elements:
The property owner owed you a duty of care – typically, this is established if you were an invitee (customer) or licensee (social guest) on the property. Understanding your visitor status is the first step in proving premises liability.
The property owner breached that duty – You must show the property owner failed to maintain safe conditions. Additionally, they failed to repair a known hazard or failed to warn you of a danger. Breach of duty is often the most contested element in premises liability litigation.
The breach caused your injury – You must prove that the unsafe condition directly caused your injury. For example, if you slipped on a wet floor, you must show the floor was wet, and that’s why you fell. Causation requires clear evidence linking the hazard to your injury.
You suffered damages – You must document your injuries, medical treatment, lost wages, and other losses resulting from the injury. Comprehensive documentation of damages is essential to maximizing your recovery. Learn more about what damages you can recover.
How long do I have to file a premises liability claim in South Dakota?
You have three years from the date of your injury to file a premises liability lawsuit in South Dakota. This is called the statute of limitations. If you don’t file within three years, you lose your right to sue, regardless of how strong your case is.
However, don’t wait until the last minute. Evidence can disappear, witnesses’ memories fade, and video surveillance footage is often deleted after 30 to 90 days. The sooner you contact an attorney, the sooner we can preserve evidence and investigate your claim thoroughly. Early legal intervention is crucial to achieving a successful case outcome.
Can I recover damages if I was partially at fault?
Yes, under South Dakota’s modified comparative negligence rule. You can recover damages even if you were partially responsible for your injury. You must have been less than 50% at fault. Your recovery will be reduced by your percentage of fault.
For example, if you were injured in a slip and fall at a grocery store, and the store failed to clean up a spill, but you were also wearing inappropriate footwear, you might be found 20% at fault. If your total damages are $100,000, you would recover $80,000 (your damages minus your 20% share of fault). Understanding comparative negligence is important to evaluating your case value.
What damages can I recover in a premises liability case?
You can recover several types of damages in a premises liability case:
Medical Expenses – All past and future medical treatment related to your injury. This includes hospital bills, surgery, physical therapy, and ongoing care. Comprehensive medical documentation supports higher damage awards.
Lost Wages – Income you lost while recovering from your injury. Lost income damages can be substantial in cases involving serious injuries.
Pain and Suffering – Compensation for physical pain, emotional distress, and reduced quality of life. Pain and suffering damages recognize the non-economic impact of your injury.
Permanent Disability or Disfigurement – Additional compensation if your injury results in permanent disability or visible scarring. Permanent injuries warrant higher damage awards.
Punitive Damages – In rare cases involving gross negligence or intentional misconduct, you may recover punitive damages. These damages are designed to punish the property owner and deter similar conduct. Learn more about compensatory vs. punitive damages.
Do I need to report the injury to the property owner?
Yes, you should report the injury to the property owner as soon as possible. By doing so, you create a documented record of the incident.
After reporting the injury, take the following steps to preserve evidence:
- Take photographs of the hazardous condition
- Get contact information from witnesses
- Request a copy of any incident report
- Keep all medical records and receipts
- Document your lost wages and other expenses
- Avoid posting about the injury on social media
Proper documentation is essential to supporting your premises liability claim. Learn more about documenting personal injury accidents.
How much is my premises liability claim worth?
The value of your premises liability claim depends on several factors:
Severity of Your Injury – More serious injuries result in higher settlements. Injury severity is one of the primary factors affecting claim value.
Medical Treatment Costs – The more extensive your medical treatment, the higher your claim value. Comprehensive medical care documentation supports higher valuations.
Lost Income – If your injury kept you from working, then lost wages may raise the value of your claim because they increase your total damages.
Permanent Disability – If your injury results in permanent disability or reduced earning capacity, your claim is worth more. Permanent injuries warrant premium valuations.
Insurance Policy Limits – The property owner’s insurance policy limits cap the maximum recovery. Understanding policy limits is important to evaluating settlement potential.
Liability Strength – If liability is clear and the property owner was obviously negligent, your claim is worth more and liability is disputed, your claim value decreases. Strong liability evidence supports higher settlements.
Jury Verdict Potential – If your case goes to trial, the jury’s likely verdict affects settlement negotiations. Trial readiness strengthens your negotiating position. Every case is unique. The only way to know the true value of your claim is to have an experienced attorney evaluate it. Contact us for a free consultation to discuss your case and get a professional valuation.