After a slip-and-fall or any physical accident on another person’s property, you may have numerous questions—who is responsible? Can I recover compensation for my injuries? This FAQ covers the questions most commonly asked of our premises liability lawyers.
What is premises liability?
Premises liability is an area of the law that covers the duties that a property owner has to the entrants of their property. It addresses property defects, dangers, and security that should be provided to visitors.
Who is responsible for my injury?
If your injury was the result of a hazardous condition that existed on the property where you were lawfully invited to be, the property owner or non-owner resident may be liable for the harm that came to you.
If I trip and fall on hotel property, can I recover compensation?
Under certain circumstances, a hotel may be liable for your injury. For example, spilled food or drink that was not cleaned up or a design flaw in the building may have caused you to slip and fall, in which case the hotel could be responsible and you may be eligible for compensation.
If I slip and fall on a broken piece of city sidewalk, is the city responsible?
Cities have a responsibility to keep the streets safe and without hazard for everyone. Depending on the state where the accident occurs, you could be eligible to sue the city; in other cases, state ordinances may prohibit a person from filing a suit.
Where do premises liability cases most often occur?
Though an accident caused by a hazardous condition can happen anyone, some of the most common places include grocery stores, bars, clubs, restaurants, homes of friends, malls, municipal buildings, hotels, etc.
Can owners of residential buildings be held responsible in these cases?
Yes. A property owner of any kind has a duty to maintain safe and hazard-free conditions to lawful entrants.
What are the differences between different types of property entrants?
Property entrants are categorized as either trespassers, licensees or invitees. Trespassers are not invited and have not owed a duty of care by the property owners; licensees and invitees are both lawful entrants, though property owners have a higher duty of care to invitees.
What must be proven in a case?
There are four elements of a premises liability case that must be proven:
- A dangerous condition existed
- The property owner knew or should have known about the condition
- The property owner failed to remedy the situation or warn the entrant a dangerous condition existed
- The entrant was injured as a result of this negligence
What kind of damages are available for claims?
Slip-and-fall accidents can require serious medical treatment and ongoing care. Damages available for such an injury include:
- Future medical costs
- Hospital bills
- Lost wages
- Mental anguish
- Pain and suffering
- Permanent disability
- Physical therapy
- Prescription costs
- Rehabilitative services
- Surgical expenses
What should I do if I suffer a slip-and-fall on property owned by someone else?
Seek medical attention as soon as possible as injuries can present themselves later
Record all details of the incident including date and time, place, condition under which you were injured, etc.
Collect as much evidence as possible on the accident scene, including photographs and the contact information of any eyewitnesses
Note all conversations had with property owner, insurance adjusters, friends and family
Contact an experienced premises liability lawyer to determine whether you have a valid claim
Contact Our Firm for a Free Case Review
Lewis & Keller offers free case evaluations for the victims of slip-and-fall accidents. We are prepared to fight for your rights in court and will always seek the maximum amount of compensation available to our clients.
Contact our firm today by filling out the free case evaluation form to the right or call us at 866-299-1769.