A slip and fall accident is a particular type of personal injury, or tort case. If a person trips, falls and is injured on someone else’s property, there’s a chance a lawsuit will be filed and damages awarded.
These types of cases are built on premises liability, as they’re carried out against the owner of a commercial or residential property.
The two main elements for determining fault in a premises liability claim are:
- Whether or not the property owner acted reasonably to prevent a dangerous condition, and
- Whether or not the injured party was exceedingly careless.
Helpful Slip and Fall Injury Pages:
Letters:
Sample NOTIFICATION Letter
Sample DEMAND Letter
Negotiations:
Tips for Negotiating “Hard Costs”
Tips for Negotiating “Pain & Suffering”
Sample Dialogue with Claims Adjuster
The initial investigation should determine if the cause of the accident was due to a pre-existing dangerous condition, and if it could have been prevented by owner action.
Whether or not the injured person could have anticipated the hazards of the area from prior conditions is also important – this is the “avoidance of obvious danger” element.
For the injured person to have a strong case, the owner of the property must have known about the hazardous condition and been negligent in remedying it. The hazard must have been present long enough for the owner to have had ample time to remedy the problem before the accident occurred.
Most slip and fall accident and premises liability cases hinge on whether the property owner knew there was a hazard before someone got injured, and was not sufficiently diligent in remedying it. Rarely, the injured party can cite that an owner was in violation of a relevant statute or code relating to the case (ex. improper distance between steps in a stairway).
Here’s a breakdown of the most common property and business liability case types and injury scenarios. Find your specific case and learn how to determine liability and get compensation for your damages.
Premises Liability Case Types
Business Liability for Injuries
If you’ve been injured on business property due to owner or employee negligence, you may be entitled to compensation. Start with an overview of all business insurance claims, then learn more about the different types of business liability scenarios.
Residential Injuries in Homes and Apartments
Homeowners insurance can be confusing. People often don’t know what their policy does and doesn’t cover, or how to file an insurance claim when injured. These pages will help. First, get an overview of homeowners claims, then read about different injury circumstances in the home.
Injuries in Other Locations
People get injured in all sorts of places and circumstances. Often it’s difficult to know what to do or who to go to with an injury claim. We’ve addressed some of the most common locations where people suffer injuries due to the negligence of others.
Dangerous Conditions and Other Causes of Injuries
It’s an owner’s responsibility to keep their property free from dangers. If you’ve been injured due to a dangerous condition, or an owner or employee’s negligence, you may be entitled to compensation. Here are some of the most common dangers causing visitor injuries.
How Much is Your Injury Claim Worth?
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Visitor Questions on Premises Liability Claims
Should I hire an attorney or take what is offered for my back injury?
On September 8, 2017, I was shopping at my local Publix the day before a hurricane was supposed to hit my town. There were several…
When is a store held liable for a slip and fall?
I live in Louisiana and was at my local Walmart. I was in a rush to exchange a book sack for my son and as…
Is Hawaii a “modified comparative fault state”?
I live in the state of Hawaii. I had a slip and fall in Walmart due to a wet spot on the floor inside the…
Who is responsible for maintaining land where I tripped and fell?
I was walking back from the store with my daughter, around the sewer grid where the water meter is located in the ground. Grass surrounds…
Tripped at end of moving walkway in airport terminal…
While traveling home to Washington State (November 2015) I tripped at the end of a moving walkway in Houston Bush (HIA) Airport and suffered a…
Slip and fall at a residence owned by my business…
I am being sued because a real estate agent that attended an open house fell and injured her knee when she didn’t notice that there…
Medical bills from fall on campus…
My college daughter was on campus and had just left one class and was on her way to her next one. Instead of taking the…
Fell in a hospital on a rainy day…
I was at a rehab hospital visiting my mom who was in the hospital being treated. It was a rainy day and I took the…
Tore my meniscus falling on stairs in my apartment complex…
My apartment complex has several staircases that are unstable and have steel that has rusted and is sticking up. I was coming down my stairs…
I was hired to inspect a building under construction that had sat idle for four years. The new owners had the building for six months….