Commonalities of Slip and Falls
When you enter the premises of another party, such as a business or condominium, you have the right to believe the premises are reasonably safe. There should be sufficient lighting, floors should be kept dry and free from clutter, and any distractions such as advertisements or art should be kept at eye level. When this is not the case, it leaves open a hazardous possibility for a slip and fall.
Filing a Premises Liability Claim for a Slip and Fall
A slip and fall is usually considered to be a premise liability accident. Premise liability is a subcategory of personal injury law. In general, there are two different types of liability actions that could be taken into consideration by a lawyer. These are general premises liability and negligent activity. If you happen to be looking for a personal injury lawyer, consider an experienced lawyer from The Law Offices of Mark T. Hurt to help with your slip and fall questions or possible case.
General Premises Liability for a Slip and Fall
With regards to slipping and falling on another party’s property, the plaintiff may be able to file a general premise liability claim against the following:
- The owner of the property
- The occupier of the property
- The manager of the property
During the beginning filing stages, a personal injury lawyer will likely seek to uncover the status of the plaintiff. After this is learned, a strategy on how to proceed can be developed. The most common statuses are as follows:
The Plaintiff Was a Licensee – If you were granted permission to enter the premises, you may be a licensee. A meter reader or lawn maintenance person is an example of a licensee. If you happened to enter the property as a licensee, but at a time when you did not have permission, it may be considered trespassing. Otherwise, the owner of the property has a duty of care to ensure you know about any possible hidden dangers.
The Plaintiff Was an Invitee – When you have been invited onto a property by the owner or occupier, you are considered to be an invitee. Invitees must have entered the property for the mutual benefit of themselves and the owner or occupier, but they do not have to engage in any business. For example, an invitee could enter a property to use the restroom, but not purchase any goods. The property owner or occupier has a duty of care to ensure the premises are reasonably kept safe. Failure to do so, could be grounds for liability.
Negligent Activity for a Slip and Fall
When a personal injury lawyer pursues a claim for negligence, he or she, on behalf of the plaintiff should demonstrate that the:
- Premises occupier or owner owed a duty of care to the plaintiff,
- Duty was in some way breached; and,
- The breach led to injuries and financial losses.
If you’ve been injured in some way and think you might have a case, don’t hesitate to schedule a consultation with a personal injury lawyer.