Slip and Fall Accidents: Who Is Liable?
Slip and fall accidents are among the most common types of personal injury cases. But determining who's responsible isn't always straightforward. Here's what you need to know about premises liability.
Property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition. This includes regularly inspecting for hazards and either fixing them or warning visitors about them.
The level of care owed depends on your status as a visitor. Invitees (like customers in a store) are owed the highest duty of care. Licensees (like social guests) are owed a moderate duty. Trespassers are generally owed the least protection.
To prove a slip and fall case, you typically need to show that the property owner knew or should have known about the dangerous condition and failed to address it in a reasonable time.
Common hazards that lead to slip and fall accidents include wet floors, uneven surfaces, poor lighting, loose rugs or mats, cluttered walkways, broken stairs or handrails, and icy sidewalks.
Documentation is crucial. If you fall, try to photograph the hazard that caused your fall, get contact information from witnesses, and report the incident to the property owner or manager.
Comparative negligence may apply. If you were partially at fault for your fall (for example, if you were texting while walking), your compensation may be reduced proportionally.
Business owners often have security cameras. Your attorney can request footage that may show the hazardous condition and how long it existed before your fall.
Time limits apply. Each state has a statute of limitations for filing personal injury claims. In most states, you have two to three years from the date of the accident.
An experienced premises liability attorney can investigate your case, gather evidence, and fight for the compensation you deserve for your injuries.