Slip and Fall

Slip and fall cases may seem insignificant to some. But if you are reading this now, then you likely know how devastating a slip and fall injury can be. Head trauma, broken bones, spinal pain, cuts, and other injuries can lead to missed work, expensive ongoing medical treatment, and years of pain.

Fortunately, you can seek compensation for your injuries after a slip and fall. However, your ability to do so will depend on the specific facts of your case. Where you were injured, how you were injured, and who was responsible for the dangerous condition that caused your fall will all affect the outcome of your case.

You don’t have to figure all of this out on your own. Regardless of how your injury was caused, you should speak with an experienced personal injury attorney to assess your case and help you determine the best path forward.

Should you have questions about your slip and fall injury, we encourage you to call our office today and schedule a free consultation.

What is Premises Liability?

Premises liability is a legal theory that determines who is responsible when an individual is injured on someone else’s property. Property owners generally have a responsibility to keep their property safe for visitors. If they fail to do so and a visitor is injured as a result, the property owner may be liable for damages.

What is Considered a Dangerous Condition?

A dangerous condition is anything on someone's property that could lead to an injury. Examples of dangerous conditions include:

• Slippery floors
• Obstructions to passageways
• Uneven floors
• Cracked pavement
• Inadequate lighting

Who Can Sue in a Slip and Fall Accident

If you are injured on someone else’s property, you may be able to sue the property owner for damages. However, not everyone has the ability to bring a personal injury claim for a slip and fall accident. Eligibility, or “standing”, to sue depends on whether you were an invitee, a licensee, or a trespasser. Each is discussed below.

Invitee 

Invitees are invited on to someone else’s property for either personal or business purposes. Invitees are owed the highest level or protection under the law. Property owners must use reasonable care in maintaining their property and warning invitees of any dangerous conditions.

Licensee

Licensees are social guests such as friends, family, and neighbors who visit a property for social purposes. Property owners have a responsibility to repair any unsafe conditions and warn licensees of any known dangers on the property.

Trespasser

Trespassers are unauthorized to be on the property. As such, they are not offered much protection under the law. Property owners are typically not liable for a trespasser’s injury. There are exceptions, however. For example, if the trespasser was injured by a trap or intentional dangerous condition created by the property owner.

Who is Responsible for My Injuries?

Property owners are responsible for injuries that occur when the injured person is owed a duty of care. For a claim to be successful, liability must be established. This means that:

• You must prove that the property owner breached their duty of care to you
• This breach caused your injury
• The dangerous condition was foreseeable, meaning the property owner knew or should have known and failed to repair or give a warning of the danger. 

Contact A Slip and Fall Attorney

If you or a loved one have been injured on someone else’s property, you may be entitled to compensation for your injuries. The first step to recovery is just a free consultation away. Call William Potucek at Peninsula Law Firm today for a free case evaluation.