Private & Public Property Falls
Slip and fall accidents that occur as the result of unsafe conditions on someone else’s property are covered under an area of law called premise liability. Premise liability holds a property owner responsible for injuries sustained on their property.
A property owner has a responsibility to keep his or her property reasonably safe and in good repair, and to warn or protect against unsafe conditions if they exist. If the property owner fails to uphold this duty and it results in harm to another individual, the property owner may be liable to the injured person for any damages and injuries sustained, including medical and rehabilitation costs, loss of income, and pain and suffering damages.
Slip and fall injuries are typically caused by the following conditions:
- Slippery conditions created by negligent snow or ice removal
- Poorly lit stairwells
- Slippery flooring material such as liquids
- Changes in floor surface textures and levels
- Uneven patches of ground, rug, floor, or sidewalk
- Broken or defective porches
- Broken or poorly designed stairs or handrails
- Broken or uneven pavement
- Oily or wet spots from spills and leaks
Although a property owner has a duty to maintain their property, not every accident that occurs on another person’s property creates liability for the property owner. Whether the owner is liable depends upon the specific circumstances.
In a slip and fall claim, the injured party must prove the existence of the dangerous condition that caused the fall; that the property owner knew or should have known of its existence, and that the property owner had enough time to address the dangerous condition, and failed to do so.
A property owner is held to a standard of “reasonableness”. In maintaining the property safe. If a reasonable property owner would have known of the condition, and a reasonable owner would have been able to take steps to render the condition safe, but failed to do so, then the owner is liable for the injured party’s damages.
It is also important to remember that the standard of “reasonableness” also applies to the injured slip and fall victim. Individuals are generally expected to exercise “reasonable” care and caution while walking, to avoid accidents that, under normal circumstances, can be avoided with relative ease. If an individual is attributed part or all of the responsibility for the fall, the individual may not be able to recover for the injuries and damages suffered, or may only be able to recover a portion thereof.
If you or a loved one has been the victim of a slip and fall accident contact The Scalora Law Group for a free legal consultation. We are experienced in handling personal injury cases and have an established track record getting compensation for victims of slip and fall accident injuries. Contact us today at 860-344-9051 or fill out our contact form to have an attorney contact you back immediately.