What Should Property Owners Do after a Slip and Fall Injury?

In certain situations, you can be held legally responsible when a person is injured on your property in a slip-and-fall accident. These cases often involve a dangerous condition on the property where there was an accident.

Many things can cause a dangerous condition on the property, such as when an owner does not regularly maintain a property or when there is regular wear and tear that happens over time and builds up to a potentially dangerous situation. Some examples of a “dangerous condition” include bad lighting and problems with structures on a property, such as balconies, staircases, handrails, and support beams.

What is Premises Liability?

When a person is injured in a slip-and-fall accident on your property, they may be able to sue you in what is called a “premises liability” lawsuit.

“Premises liability” is a term used to describe a type of personal injury claim where an individual tries to hold a property owner legally responsible for any injuries that they received while they were on their property. Residential homeowners, business owners, and public entities (for example, towns or cities) can all be held legally responsible under premises liability laws.

Property owners owe a duty to people entering their premises, even to some of those who are not invited. To succeed in a premises liability claim, the plaintiff must prove that the property owner breached the legal duty owed to them. The first step in evaluating a premises liability case is to determine the level of duty owed by the landowner to the injured party. That depends on the reason for the person’s presence on the property.

In general, to find a property owner legally responsible, the plaintiff (the person suing) must prove that the defendant (the person or company being sued) had a duty to the person injured to keep the property safe and free from dangerous conditions. It is important to remember that slip and fall injury laws vary from state to state. However, in all states’ laws, to recover in a premises liability lawsuit, the plaintiff must prove negligence.

To prove negligence in a premises liability case, the plaintiff must be able to show that:

• The person or company being sued was the actual owner of the land that the plaintiff was injured on.
• The property owner was in control of the condition that caused the slip and fall
• The defendant owed a duty to the plaintiff (see below).
• The plaintiff’s injury was a foreseeable consequence of not fixing or preventing the dangerous condition. A foreseeable consequence is an effect that an average person could have predicted.
• The property owner breached his duty to the injured person and failed to take actions necessary to avoid the accident that caused the injury.
• The plaintiff was injured and suffered actual physical or financial damages.

What Level of Duty Do I Owe to People Who Come On My Property?

In most states, there are specific laws that say that a property owner owes a different duty of care to different categories of people on their property. This is the most common categorization of people who enter onto property:

• Invitee: Invitees are owed the highest level of duty and care. An invitee is a person who is invited onto the property. This category primarily includes people whom businesses want to come to their property, like a grocery store’s customers.
  • The commercial property owner is required to maintain the property in good condition and to regularly inspect the premises for dangerous conditions that could cause injuries to invitees. The business must promptly repair unsafe conditions and warn people about a problem until it can be corrected. Landowners may even be held liable for perilous conditions that they didn’t know about but about which they should have known.
• Licensee: Licensees are social visitors, like people who go to someone’s property for a party or any other social gathering. The homeowner must keep the property in good repair and to warn guests of non-obvious dangers. However, a residential property owner is held to a lesser standard than a commercial property owner.
• Trespasser: Despite not being invited onto the property, trespassers are nonetheless owed a duty of care. Not surprisingly, landowners have the least obligation to trespassers who have come onto the property without permission. The owner does not have to warn trespassers about natural dangers or inspect and make repairs for their sake. However, an owner who knows that a trespasser sometimes comes to the property must warn the person about any hazardous manufactured conditions.
• Child trespassers: Children are much less likely than adults to appreciate or notice dangerous situations, so the legal duty to protect children is higher than that of adults. Landowners are obligated to inspect their premises for dangers, to make repairs, and to warn children about potential risks.
  • Landowners should take steps to prevent children from entering the property that contains a temptation, such as a swimming pool, trampoline, or swing set, and should warn children of the dangers associated with those sorts of tempting objects.

What Should I Do if Someone Is Injured in a Slip and Fall Accident on My Property?

If a person is injured in a slip-and-fall accident on your property, you may be legally responsible for their injuries. The steps below may help to protect you if the injured person decides to bring a lawsuit. You should take these steps as soon as possible.

• Gather information: Gather as much information about the accident as you can. Write down the names of any people involved in the accident, others who were in the area or on the property when the accident happened, and anyone who might have seen the accident. If you have a camera or phone, you can take photos of the area where the accident occurred. The facts of your specific case are important, and the more details you have, the better prepared you will be. You especially want to gather information about the behavior of the injured party – were they careless or reckless?
• Find out if you are the property owner: Make sure to check that the place where the accident happened is actually on your property. For example, if the accident happened on the edge of your property, you should find the exact location of the property boundary line.
• Report the incident to your insurance company: If you have insurance, you should call the company and let them know about the accident as soon as possible – within 24 hours if possible. Depending on the details of your insurance policy, your insurance may cover you if you are found legally responsible. It is important to contact your insurer quickly because there is often a requirement in insurance policies that you tell them about any incidents within a specific (usually very short) period.

Should I Hire an Attorney if There Is a Slip and Fall Accident on My Property?

Slip and fall cases are very dependent on the specific facts of your situation. A slip and fall lawyer can review the facts and laws involved in your case and give you advice about what actions you should take to protect yourself best. An experienced personal injury attorney will advise you of any possible legal responsibility you may have, as well as any defenses available for your particular case. Finally, an attorney can represent you if the injured party decides to sue you.