How accountable is the property owner for slip and fall?

The term “Slip and fall” is used in personal injury cases where an individual might trip, slip, and fall on another individual’s property.  The instances of slipping and falling on commercial property have increased each year. Many people are seriously injured when they trip on an irregular piece of ground or fall on a flight of stairs etc.

Slip and fall instances are among the most common types of personal injury cases that invoke premises liability, i.e., a property owner’s responsibility for injuries victims suffer on their property.

The cases of slip and fall are not simple to solve. It includes a specific set of legal concepts of premises liability that raises a question about

  1. Where the accident occurred and who owned the property;

2.Whether it is an issue of actual or constructive notice(i.e. the landowner knowledge about the potential risk of causing a slip or fall);

  1. Whether the victim knew about the slip and fall hazards;
  2. Whether a third party bears any part for damages or putting the victim in a dangerous hazard.
  3. Commercial property

The cases depending on a slip and fall accident took place, different rules and procedures apply for types of property involved.

The instances of slip and fall accidents on commercial property involve many different scenarios. Examples such as slipping on wet surfaces or puddles in the passageway of a grocery store or a retail shop; trips and falls on walkways etc.

Victims injured on commercial property have an excellent opportunity to recover their damages as commercial property owners have extensive insurance policies than residential owners.

However, commercial property owners are usually corporations and have financial interests in protecting their bottom line and paying a little as possible.

  1. Residential Property

Landowners of the residential property responsible for accidents that include a private home; apartment or condominiums and townhome complexes; rental home/apartment/condo.

Victims injured on a residential property may claim compensation from a private homeowner through their insurance or a housing complex (their commercial insurance).

In a few cases, third parties such as maintenance workers, apartment staff who created dangerous situations are liable for damages.

  1. Government property

Government property involves any publicly owned land including public parks and playgrounds; sidewalks or government buildings. When a personal injury occurs on government property, unique rules apply. Under the California Tort Claims Act, victims injured on public property should provide a Notice of Claim within six months of the date of injury.

Experienced attorneys of slipping and falling on commercial property can help investigate a victim’s case by gathering evidence and determine who can be accountable – whether it can be an employer, third-party contractor, public entity, product manufacturer etc.

A personal injury attorney can help you to protect your legal rights after an accident, assist you with insurance-company claims, and negotiate a fair settlement.

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