Slip & Fall Accidents - An Overview
Slip and fall accidents refer to situations when a person slips, falls, or trips due to a dangerous condition on someone else’s property and is injured as a result. These types of cases are classified under “premises liability” cases. Such cases refer to situations when the person who owns or maintains a property or premises is held responsible for the injuries suffered by another person. Slip and fall accidents can occur in a wide variety of settings and under many different types of dangerous or negligent conditions. If you have suffered a slip and fall accident you should contact and experienced personal injury attorney to discuss your case.
Negligence
Cases are general made for slip and falls accidents based on the negligence of the property owner. Negligence on the owner’s part occurs when they act in a careless was in the eyes of the law. In slip and fall accidents it is the duty of the property owner to protect other individuals against the unreasonable risk of harm. Under the law this means asking the question; did the owner act as any reasonable person would have in preventing slip and fall accidents? If the answer is no, the owner probably acted negligently.
Duties of Landowners or Occupiers
Under some state law, when a slip and fall accident occurs, the duties of the landowner vary based on what type of individual was involved in the accident. Individuals on another person’s property are generally thought of are invitees, licensees, or trespassers. Invitees have an express or implied invitation from the owner. A licensee is a person who is on the property with express or implied permission but for their own reason. A trespasser is someone who is on an owner’s property without permission.
Some states have rejected the idea that a landowner’s negligence is based on the type of individual who enters the property. Instead, owners have an obligation to provide reasonable care under all circumstances regardless of the status of the person involved in the slip and fall accident. It is important to speak with an experienced California personal injury attorney if you have questions about the laws in your state.
Common Slip and Fall Accidents
Slip and fall accidents can happen in any number of locations and can be caused by countless dangerous situations. Some of the types of slip and fall scenarios you may encounter are:
- Slipping on spilled food or drink in a restaurant or grocery store
- Tripping over merchandise that has fallen off store shelves or been improperly stacked in the aisles
- Slipping and falling on ice or snow in a parking lot or on the sidewalk in front of a business
- Tripping or falling caused by loose or broken stairs or defective handrails
- Slipping on a recently cleaned, wet bathroom floor without a properly posted warning
This list shows just a few examples of slip and fall accidents that may occur. These types of accidents are very common and can happen almost anywhere.
Potential Defendants
In order to recover damages as the result of a slip and fall accident, the injured person must have their accident on another person’s property and show that the owner acted in a negligent way, leading to the injury. Often times slip and fall accidents occur because the injured person was careless in their own way. Not paying attention to warning or caution signs or no looking where they are walking can cause serious injury but the victim will not be able to collect damages. Potential defendants are property owners who have acted in a careless or reckless manner, without regard to the safety of others. Keep in mind though that if both the owner and the victim are partially to blame, some damage may still be recovered.
Sometime more than just the owner of the property can be held liable in a slip and fall accident. In commercial retail stores where a business rents their property from the owner or in a residential setting where a tenant rents their home from a landlord, both parties involved can be held responsible for the injuries caused by dangerous situations.
When a slip and fall accident occurs on land owned by the local, state, or federal government, it can be difficult to recover damage for an injuries. Often times special laws are in place to protect the government from be held responsible in such situations.
Conclusion
Slip and fall accidents are very common and often the person walks away uninjured. Other times such accidents can result in extremely painful and serious injuries. If you have been injured on another person’s property you may be entitled to collect monetary damages to help pay your medical bills and ease your pain and suffering. Contact a San Diego personal injury attorney for your free consultation today. The Law Office of Howard Alan Kitay serves all of San Diego County and there are no fees until you collect your settlement.
- 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
