Frequently Asked Questions about Slip and Fall Accidents
Q: What is a “licensee?”
A: According to common law a licensee is a person who enters another person’s property with the owners express or implied permission for their own purposes rather than for the benefit of the owner. One example of a licensee is a social guest. In the case of a licensee, the owner has a duty to warn of a dangerous condition that creates unreasonable risk for the licensee, if the condition is known to the owner and unlikely to be discovered by the licensee.
Q: If I was injured while at a neighbor’s house for a party to which I was invited, can I recover monetary damages for my injury?
A: A party guest is considered a licensee, which define the owner’s duty of responsibility. The owner of the house has a duty to warn the party guests of a dangerous situation that creates unreasonable risk of harm if it is known to the owner and not likely to be discovered by the party guests. Thus, if an injury was suffered because of a hidden condition, such as a loose floorboard, which the owner was aware of but did not warn the guests, you may be able to recover monetary damages for any injuries. In this instance, the owner does not have a duty to inspect their property or fix any known defects. An owner only needs to warn of a dangerous condition.
Q: What is an “invitee?”
A: According to common law an invitee is a person who enters another person’s property in response to an owners express or implied invitation. There are two types of invitees. The first category of invitees includes people who enter a property as members of the public. Examples are people going to a church, airport, or museum. The second type of invitees is people who enter properties for a purpose that is connected to the property. Examples are customers entering retail stores, delivery persons, and employees of a business.
Q: Can I recover monetary damages from a store where I slipped on spilled liquid and fell?
A: The ability of a person, in this case classified as an invitee, to recover damages for a slip and fall accident depends on many specific factors. Stores generally have a duty to use reasonable care to keep the property safe for their customers. Stores have a duty to make reasonable inspections of their property in order to check for hazardous conditions that create unnecessary harm for the customers. If a spill is so obvious and visible that customers should be expected to reasonably have seen it, the store does not have a duty to warn about a dangerous condition. In certain cases a spill may not be considered obvious if a store’s display distracts a customer and they do not see the spill.
Q: What is the “attractive display” doctrine?
A: The attractive display doctrine is an exception to the “an owner is not liable if the dangerous condition is reasonably obvious.” In such a case a customer would not see the dangerous condition because they were distracted by or looking at a store display. In such a situation the store actually created the distraction in order to draw the customer’s attention. Since the store is aware that a customer will look at displays, the customer should be able to assume that the floor is free of dangerous conditions. Therefore, a store owner can be held liable under the attractive display doctrine if a customer is injured in a slip and fall accident while they were distracted by store merchandise or a display.
Q: Is it relevant to a slip and fall case if I have evidence that another customer told a store employee about a liquid or food spill?
A: Yes. If an employee of the store owner was notified of a spill that created a dangerous condition leading to a slip and fall accident, then this evidence is relevant in showing that the owner was aware of a dangerous condition and was negligent for not cleaning up or fixing the condition.
Q: Can I use evidence that a property owner violated a building regulation in my slip and fall case?
A: Yes. A slip and fall victim can use such evidence to establish negligence on the part of the property owner. Property owners much comply with all building codes. Violations such as improperly installed or lack of handrails or dangerous staircases can be used to establish an owner’s negligence in a slip and fall case.
Q: Who are the potentially responsible parties in a slip and fall case?
A: In some slip and fall cases, there may be more than one person held responsible for a victim’s injuries. In cases where a property owner rents a building to another person or has another person managing the property, the owner, tenant, and/or management may be held liable for slip and fall injuries.
Q: If I am partially responsible or my slip and fall accident will my ability to recover monetary damages be reduced?
A: Yes. In some slip and fall accidents the victim is partially to blame for being careless. In such cases, where both the victim and the owner share blame, monetary damages can still be recovered, but they may be reduced. In addition, and owner may are the “plain view” doctrine. The plain view doctrine states that a person who enters a property has a duty to watch where they are going and notice objects or conditions that are out in the open and in plain view. If the victim did not take enough care when entering the property to notice an obvious condition, they may be denied any monetary damages for injuries.
Q: What type of damages can I recover in a slip and fall accident case?
A: Slip and fall cases fall under the personal injury category. As with other personal injuries a victim can recover out-of-pocket expenses such as medical bills, cost of prescription drugs, physical therapy, and medical equipment. If the injury prevents the victim from immediately returning to work, they may also collect money for lost wages. In addition to these expenses, a victim may also recover monetary damages for pain and suffering, inconvenience, mental anguish, and physical impairment.
- Overview
- Frequently asked questions
- Common causes of slip and fall accidents
- Liability of retail stores and other businesses
- Duties to entrants owned by landowners and occupiers
- Slip and fall accidents involving snow or ice
