Slip and fall incidents are very common and can cause severe injuries such as sprains, fractured bones, or head injuries. When such accidents occur on private property, victims often wonder who is to blame for their injuries.
Liability determination can be complicated since it depends on a number of factors, such as the accident’s circumstances and the property owner’s duty of care. In these situations, victims should choose a slip and fall attorney to learn about their rights and assess if the property owner caused the accident.
Understanding Premises Liability
According to the law, tenants or property owners are liable for injuries sustained on their premises as a result of hazardous circumstances. Private properties, including houses, businesses, and apartment buildings, are also subject to this obligation. It is the responsibility of property owners to keep their premises secure for everyone who is on them legally. To avoid responsibility for accidents like slips and falls, the owner must fix any hazardous conditions or warn guests of the risk.
When Is a Property Owner Responsible?
Property owners who neglect to keep their property safe can be held accountable for a slip and fall injury. Usually, negligence happens when an owner should have noticed a dangerous condition but chose not to take action. Typical instances of dangerous situations include:
- Wet floors due to spills or leaks that are not immediately cleaned up.
- Uneven surfaces, such as loose tiles or fractured pavement.
- Poor lighting makes it difficult for guests to perceive potential dangers.
- Icy sidewalks in the winter without any salt applied.
Additionally, the owner may be liable for injuries if there were known hazards on the site and no warning signs were put up to notify guests.
The Impact of Visitor Status on Liability
The property owner’s liability heavily depends on the injured party’s status. Three primary visitor classifications exist:
1. Invitees
Invitees come to the property for business, like clients visiting an office or customers in a store. Property owners owe invitees the highest duty of care. They are required to take proper precautions to guarantee that the property is risk-free. If an invitee sustains harm as a result of the owner’s negligence, the owner can be held liable.
2. Licensees
Guests who are on the property with the owner’s consent but not for work-related reasons are known as licensees. Property owners must alert licensees to any known dangers. Nonetheless, the owner is not required to proactively check the property for any hidden hazards. The owner may be accountable if a licensee is hurt as a result of the owner’s failure to warn them of a hazard.
3. Trespassers
A trespasser is someone who enters a property without permission. Generally speaking, property owners have limited obligations to trespassers other than to avoid intentional injury. However, if the trespasser is a child, the law of attractive nuisance applies, which holds owners accountable for hazardous conditions that could draw children and cause.
When Is the Property Owner Not Responsible?
A property owner may not be held accountable for a slip and fall injury under the following circumstances:
- Victim Negligence: The owner might not be held accountable if the victim’s negligence contributed to the fall.
- Obvious Hazards: The owner may not be held accountable if the victim could have easily avoided the danger and it was evident.
- Short Time Frame: An owner may not be held accountable for an accident if a hazard occurred unexpectedly and they had no reasonable time to fix it.
Steps for Victims After a Slip and Fall Injury
- Document the Scene: Take pictures of the fall site, highlighting any potential dangers, and, if you can, get witness accounts.
- Seek Medical Attention: Even if your injuries aren’t serious, you should see a doctor immediately. If you choose to file a claim, medical documents will be crucial.
- Report the Incident: Report the accident as soon as you can to the manager or owner of the property.
- Consult a Premises Liability Lawyer: A lawyer can help you decide if the property owner is at fault and help you navigate the compensation process.