Slips and Falls and Premises Liability Law

Slip and fall accidents are among the most common causes of serious injuries. They happen every day and in all places, from grocery stores to restaurants to parking lots to apartment complexes.

Slip and fall accidents fall under a broader area of law known as premises liability, which holds property owners and occupiers responsible for maintaining reasonably safe conditions. When someone is injured after slipping, tripping, or falling on another person’s property, the outcome of a claim often depends on whether the owner failed to address a dangerous condition or warn visitors about it.

To pursue a successful claim, the injured person generally must show that a hazardous condition existed such as a wet floor, uneven pavement, poor lighting, or debris. It must also be proven that the property owner knew or should have known about it. If the owner had enough time to fix the issue or provide a warning but failed to do so, they may be considered negligent.

Evidence plays a critical role in these cases. Photos of the scene, surveillance footage, witness statements, and maintenance records can help establish how long the hazard existed and whether reasonable steps were taken to prevent harm. Medical records are also essential for documenting the extent of the injuries and linking them directly to the fall.

Property owners typically do not give up without a fight. They will often defend against these claims by arguing that the danger was obvious or that the injured person acted carelessly. In some cases, they may dispute that there was any hazard at all or argue that the condition was not inherently unsafe.

Duty of Care

Under premises liability law, a property owner’s responsibility is not one-size-fits-all. The level of care owed depends on why a person is on the property and how the law classifies that visitor:

• Invitees are individuals who enter a property for business or commercial reasons, such as customers in a store, patrons in a restaurant, or visitors in a shopping center. Property owners owe this group the highest level of care.
• Licensees are people who have permission to be on the property but are there for their own purposes, like friends or family visiting a private home. In these situations, property owners must warn of known dangers that are not obvious.
• Trespassers enter without permission or legal right. Generally, property owners owe them minimal duty of care. However, owners cannot deliberately create unsafe conditions intended to cause harm.

Contact Us Today

Slips and falls are common causes of accidents. If you have been injured on someone else’s property, consider filing a premises liability claim to get the compensation you need.

A Mt. Juliet slip & fall lawyer from The Law Offices of Christopher Eads, PLLC can help you hold the at-fault party accountable and secure the compensation you deserve. Discuss your case with us today. Call (615) 622-6060 or fill out the online form to schedule a consultation today.

Source:

legalreader.com/how-slip-and-fall-claims-are-handled-under-premises-liability-law/