When you’re injured from a fall on someone else’s property, it can be confusing and distressing, not to mention the physical pain and financial burden that may follow. You might wonder whether it’s possible to hold someone accountable for your injuries.
If the fall was due to unsafe conditions or negligence on the part of the property owner—like an icy sidewalk left unattended or a wet floor without appropriate signs—you might be able to file a lawsuit against them.
Talking with a lawyer who understands slips, trips, and falls is the best way to determine if you can sue the person whose property you fell on.
What Is Premises Liability?
Premises liability is a legal concept that refers to the responsibility of a property owner to keep their premises reasonably safe for visitors. It is based on the idea that owners should ensure there are no dangerous conditions on their property that could cause harm.
If someone gets injured due to a preventable hazard, the property owner may be held liable for negligence under this principle.
Different Categories of Visitors
In personal injury and premises liability cases, visitors to a property are typically categorized into three groups: invitees, licensees, and trespassers.
The level of care owed by a property owner can vary depending on the category in which a visitor falls. There are also minor differences based on the jurisdiction where the accident occurs.
Invitees
An invitee is someone who has been invited onto the property for business purposes or other benefits, such as customers in stores. Property owners owe the highest duty of care to invitees, requiring them to ensure safety through regular inspections and repair hazards.
Licensees
Licensees are typically invited onto the property for social reasons rather than business, such as guests at a party. Property owners are expected to warn licensees of any non-obvious dangers that the owner is aware of. However, they aren’t always obligated to inspect for unknown hazards.
Trespassers
A trespasser enters someone else’s property without permission. Property owners owe the least duty of care to trespassers and generally are required not to willfully harm them.
Exceptions include child trespassers, where owners may be held liable under attractive nuisance doctrines. For example, a pool owner may be held liable if a child trespassed and drowned in the pool due to insufficient safety measures.
Understanding the duty of care owed to different categories of visitors is crucial in personal injury and premises liability cases.
When Can You Sue for a Fall on Someone’s Property?
In the unfortunate event that you suffer a fall on someone else’s property due to unsafe conditions, legal options may be available. The potential liability of the property owner and your ability to sue depends largely on the circumstances surrounding your accident.
The Property Owner Has Responsibility for a Fall Accident
A crucial factor in these cases is whether or not the property owner acted with reasonable care regarding the maintenance of their premises. It is expected that they regularly inspect for hazards, provide warnings for any dangers they knew about or should have known about, and maintain their property to prevent accident risks.
If you experience a fall accident because the property owner fails to sufficiently attend to such responsibilities, they could be found liable in a personal injury claim for your injuries and resulting medical expenses.
Working with a personal injury lawyer is typically the next step if you believe the property owner’s negligence led to your fall.
Proving Negligence
To have a successful slip and fall case against a property owner, you need to show negligence by proving four elements:
- Duty of Care: You must show that the property owner owed you a duty to keep the premises safe.
- Breach of Duty: You need to demonstrate that the property owner failed in their legal responsibility—essentially, they did not make proper efforts maintain a safe environment or address known risks that could lead to fall accidents.
- Causation: There needs to be evidence linking your fall directly back to their negligence. It must be clear that the hazardous condition on their property was indeed the cause of your injuries.
- Damages: You will need to show that you actually suffered financial, physical, or emotional harm as a result of this incident.
If all these elements can be proven, you will likely have a successful premises liability claim.
Common Causes of Falls
Common causes of falls can include a variety of potential hazards. In slip and fall accident cases, defining the reason for the fall will help to hold the property owner accountable as part of your liability claim. Typical causes of these accidents include the following:
- Wet Floors: Spills, leaks, and recently cleaned surfaces can create slippery conditions that are often underestimated.
- Uneven Surfaces: Cracks in sidewalks, loose floorboards, or irregular pavement can pose significant tripping risks, especially if unexpected.
- Inadequate Lighting: Poor lighting can obscure potential dangers, leading individuals to misstep or trip over unseen obstacles.
- Debris or Obstacles on Walking Paths: Cluttered or obstructed pathways in public and private areas can easily cause a fall.
- Poorly Maintained Stairways: Broken steps, loose handrails, or an absence of proper safety features in stairways significantly elevate the risk of falls.
- Ice and Snow on Walkways: During colder months, unmaintained sidewalks and driveways become dangerous, with ice and snow presenting a particular hazard.
When you decide a lawsuit might be necessary after slipping and falling, consulting an experienced premises liability attorney is essential.
Factors Affecting Liability in a Slip and Fall Accident
When pursuing a slip and fall case, various factors can influence liability assessments. Understanding these nuances is crucial for evaluating the chances of a successful slip and fall claim against the property owner or their insurance company.
The Visitor’s Status
The level of duty a property owner owes to a visitor directly influences their liability in slip and fall cases. Whether dealing with an invitee, licensee, or trespasser, the visitor’s classification determines the extent of care the property owner must provide.
- Invitees, such as customers in a business property, are entitled to the highest standard of care, necessitating regular inspections to prevent hazardous conditions.
- Licensees, often guests at residential properties, must be warned of non-obvious dangers the property owner knew about.
- Trespassers are owed minimal duties; a property owner generally must not willfully cause them harm.
Understanding these premises liability laws is vital in many premises liability cases handled by a slip and fall attorney, as it impacts the viability of a legal action against a property owner.
The Foreseeability of the Hazard
Foreseeability also plays an essential role in determining a property owner’s liability. A successful claim often hinges on whether the property owner knew or should have known about the hazard that caused the slip and fall accident.
For example, if a business owner failed to address a wet floor that had been reported, they might be liable for any resulting fall injuries due to the foreseeable risk. This aspect is essential when a slip and fall lawyer evaluates the potential for a successful claim.
The Visitor’s Own Negligence
In addition to identifying hazards and holding property owners accountable, it’s important to acknowledge the role of the injured party’s own negligence in slip and fall cases. The concept of comparative negligence is pivotal in understanding how compensation claims might be adjusted.
Under comparative negligence, if the injured individual is deemed to be partially responsible for their own injuries—for example, they were distracted by their cell phone while walking through a potentially hazardous area—the compensation they are entitled to may be diminished by their degree of fault.
For instance, if an individual is 20% accountable for their own fall, their compensation could be reduced by 20%.
Understanding comparative negligence is essential for effectively navigating any type of personal injury claim.
If you’ve been injured in a slip and fall accident, understanding these factors can help you prove negligence of another party and pursue personal injury cases.
Types of Compensation in Slip and Fall Cases
In slip and fall cases, securing fair compensation from a property owner’s insurance company or from the private property owner directly in a slip and fall lawsuit is a complex process that requires a comprehensive understanding of personal injury laws and liability claims.
Some of the most common types of compensation you’ll be entitled to if your claim is successful include the following:
Medical Expenses
One of your most immediate concerns after a slip and fall accident is likely the medical expenses that begin to accumulate. Medical bills can encompass a wide range of necessary medical treatment including hospital bills, surgeries, rehabilitation, and medication.
Seeking medical attention after a fall is critical, and you deserve to have these expenses covered by liability insurance or through a personal injury lawsuit.
Lost Wages and Income
An injured person who is unable to work due to serious injuries from a fall can seek compensation for lost income, a vital part of the legal process in a slip and fall lawsuit.
This aspect of injury claims evaluates the impact of the fall on one’s career and earning ability, aiming to restore financial stability by covering wages missed during recovery.
Pain and Suffering
If you were injured on another person’s property, compensation for pain and suffering addresses both the physical discomfort and the emotional distress caused by the fall accident.
These damages consider the non-economic aspects of personal injury cases, allowing individuals to recover for the impact these injuries have had on their life and overall well-being. A fall lawyer will incorporate this aspect into the fall lawsuit to ensure you receive all of the compensation you deserve.
Why You Need Legal Assistance
Dealing with a slip and fall lawsuit after an injury on someone’s property involves many different legal concerns and potential challenges. This is where the experience of a premises liability attorney becomes a significant benefit.
By obtaining the services of a reputable law firm, you can ensure that all aspects of premises liability claims are handled with precision and professionalism. Below is how we can help.
Maximizing Compensation
An attorney can help you understand the full extent of your damages, from medical bills to property damage and other losses you may be facing.
We work diligently to assess and present a comprehensive claim that covers all financial repercussions of the incident, including those not immediately apparent, such as long-term medical treatment or loss of future earnings.
Our goal is to ensure that the property owner is held liable and you receive the maximum compensation you deserve after you suffered injuries under premises liability law.
Negotiating With The Property Owner’s Insurance Company
A premises liability attorney understands the intricacies of negotiating with insurance companies, whether it involves residential or commercial property claims. We strive to settle most premises liability cases out of court, sparing you the stress and uncertainty of litigation.
By having an attorney handle the negotiations, you have a professional who can argue persuasively and counter any attempts by the insurance company to downplay your fall claim or question the validity of your premises liability claims.
Going to Trial
If a premises liability case proceeds to trial, the case becomes significantly more complex. Your attorney will guide you through the legal action required, preparing your case by gathering all necessary medical records and building a strong narrative to present before the court.
Going to trial requires an extensive understanding of private property laws and knowledge of the judicial process. A great law firm will ensure that you are well-prepared and will advocate for your rights to recover appropriate compensation for your injuries and losses.
Secure Expert Legal Representation
Choosing the right premises liability lawyer is a critical decision that could significantly impact the outcome of your case. An experienced attorney offers you the advantage of proper legal guidance, ensuring that your rights are protected and that you are adequately compensated for any injuries and losses incurred.
If you or a loved one have suffered due to unsafe conditions on public or private property, Rosenfeld Injury Lawyers is here to help. Call (888) 424-5757 or complete our online contact form to book a free consultation.