Slip and Fall Basics for Property Owners
If you own a piece of property, from vacant land to a residential home to a commercial building, then there are rules you need to know regarding personal injury laws. Property owners have varying care duties for people who visit; in a slip and fall case, a property owner might face liability if an injury resulted from negligence.
Here are all the basics that property owners need to know regarding slip and fall accidents. You can call us at Selingo Guagliardo if you need help with your slip and fall case.
What Is a Slip and Fall Case?
A slip and fall case is a type of personal injury civil legal claim. A person may file a lawsuit against a property owner if they slip, fall, and sustain an injury on a piece of property. The claim is viable if the cause of the injury is demonstrable negligence by the property owner.
For instance, during the winter, the steps and stoop to your office building are icy, and a customer attempting to enter the building for an appointment slips, falls, and breaks their arm. You, as the property owner, could face financial liability.
For injured parties, it can be quite challenging to prove a property negligence claim.
The claimant must prove that the fall is a direct result of an action or inaction of the property owner.
The claimant must prove that the owner knew about the dangerous conditions on their premises and purposefully chose to leave them exposed.
The length of time that the hazardous condition existed can prove that the owner knew or should have known about the problem and that the owner had a proper amount of time to correct the situation.
Additionally, a concept called "comparative negligence" often applies to slip and falls cases and argues that responsibility for the accident is shared between the hurt person and the person who owns the property.
Again, using the example of the icy steps, if the person who fell at the business entrance was wearing shoes improper to the conditions (like high heels during a snowstorm), the injured party could be partially at fault. This fault is because winter boots might have prevented her fall, and wearing such gear is a reasonable expectation.
What Are Owner Responsibilities for Residential vs. Commercial?
A best practice and good general rule are for property owners to maintain their property and keep it safe. While valid for everyone, the type of property you own can influence the duty of care owed by the owner. For example, if a person is injured at a private, residential home, the homeowner would be held responsible—however, liability becomes murkier with commercial properties.
Suppose a person fell and got an injury in a retail shop located within a large shopping mall. In that case, the individual or company who holds the lease for that particular space might be liable instead of the mall's owner.
Specifically, if laundry detergent spilled across the aisle of a cleaning supplies store and was not cleaned for four hours, and a person visiting the store fell, the leaseholder is responsible for their injury.
On the other hand, suppose that ceiling tiles began to fall in the same cleaning supplies store due to water seeping through the roof. The leaseholder cleaned up as best as possible and notified the mall's owner. The mall's owner - not the leaseholder - could be liable for a slip and fall injury.
Furthermore, depending on the category of who is visiting your property, liability could shift. For instance, a person has a more significant duty of care to someone they invited to their home. If a person is trespassing on your property, the owner has no obligation to keep that person safe.
If you face these nuanced situations, it is best to contact an experienced personal injury attorney.
What if a Personal Injury Occurs on My Property?
If someone is injured on your property, you could be held liable.
The best first step is to contact a personal injury attorney. A second step would be to be particular with what information you share with the injured party, as the wounded party could hold it against you. Finally, begin to gather all necessary documentation regarding the safety of your property, like regular service receipts, building code permissions, or similar documents.
Property laws and civil liability statutes vary slightly from different states, so it is best to seek the advice of a local attorney. If you are looking for more information, contact a slip and fall lawyer in Kingston, PA.