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Often referred to as premises liability actions include slip and fall accidents, trip and fall accidents, or falling items hitting you that result in an injury. If you or a family member is injured as a result of a dangerous condition on someone else's property, you may be entitled to compensation for your injuries.
These types of slip and fall injuries may be a result of wet or slick floors, spills of liquid or substance of floors, dangerously constructed walkways or stairs, improper maintenance of stairways and railing, faulty rail handles, cracks, potholes and other surface irregularities, potholes in parking lots, falling merchandise etc….
Duty of Property Owner to Keep Property Safe
The owner of a property (or occupier such as a tenant) who has control over the premises owes a legal duty to keep the property reasonably safe for all visitors who enter the property. Generally, a landowner owes no duty to protect someone outside the property from natural conditions except under certain circumstances like a leaky pipe that causes the sidewalk to be slick. Other exceptions to this rule include trees growing on the property owner’s property, a broken or leaky pipe that allows for water to turn into ice on the sidewalk etc…
A property owner is generally not liable if a person is injured on their property when acting in a dangerous or careless way. This also includes actions which are unauthorized or unexpected. Since often times, the occupier (tenant) is different than the owner of the property, we must discuss the liabilities that each may have if and when an accident occurs on their property. When a premises liability case revolves around the responsibility of the tenant or owner, generally both can be held responsible for the injuries as a result of a slip and fall, trip and fall or premises liability claim.
Generally, the type of duty owed to the victim of a slip and fall accident depends on the relationship of the individual to the property. Since these types of accidents commonly occur on commercial properties, residential properties and public property, it is important to distinguish between the three.
If you have been injured while at a store, amusement park, office building or any other type of business residential property or public property, it is important to properly document the fall or the accident, take notes, take photos if possible, and file an incident report with the property manager or incident department. If you were seriously injured on the property, it is important to get the proper medical care for your injuries. After your injury, it is important to speak with a doctor regarding any continuing pain you may have. Seeking sound and effective legal advice can be invaluable when determining your claim against the landowner. It is important to speak with an experience slip and fall attorney and premises liability lawyer that can properly evaluate your claim and give you an honest and fair evaluation of your claim.
Posted by Legal Staff
