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Slips, Falls, and Other Premises Liability Claims

Premises liability law corresponds to the legal responsibilities of property owners and occupants to prevent injuries to persons on their property. Slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or even a piece of debris or spilled liquid on the floor are the most common types of injuries. The liability of the property owner will vary based on the rules and principles implemented in the jurisdiction where the injury occurred. A personal injury lawyer experienced in premises liability law at the Gallegos Law firm can evaluate your premises liability claim and assist in the recovery process of damages for lost wages, medical bills, as well as pain and suffering.

Premises Liability: General Principles

Typically the status of the visitor to the property in taken into consideration when applying premises liability laws. Generally, the injured party can be categorized as follows:  an invitee, a licensee, or a trespasser.

  • Invitee. To be considered an invitee an individual must be expressly or impliedly invited onto the property of another. In this scenario the owner owes the invitee the highest duty of care. This duty requires the owner to take every reasonable precaution to ensure the invitee’s safety.
  • Licensee. To be considered a licensee an individual must enter the property for their own purpose but is there at the consent of the owner. In this scenario the owner is required to warn a licensee of unforeseen dangers, but is not compelled to fix them.
  • Trespasser. Finally a trespasser is an individual that enters the property without any right or permission to do so. In regards to adult trespassers, no duty of care is required by the owner. In addition the owner does not need to take reasonable care of his property or warn of hidden dangers. Certain situations do exist, though, where an injured trespasser could be able to recover for their injuries if the owner knew it was likely that trespassers would enter the property.

A higher duty of care is given to children even if they are considered trespassers. In regards to children the landowner’s duty to warn is amplified.
A uniform standard of care is applied to both invitees and licensees when considering to the condition of the property and the activities of the owner and visitor. Therefore an exercise of reasonable care for the safety of visitors other than trespassers is required. This standard can be satisfied by an owner continuing their duty to inspect the property regularly to identify hazardous conditions, repair them and/or post warnings when appropriate.

Premises Liability Cases - Proving Owners' Liability

To establish a premises liability case, an injured party must prove that the standard of reasonableness duty  required by a property owner has not been satisfied. Proving that the owner’s knowledge of the condition directly caused the injury in question is the most challenging aspect of establishing a premises liability case. The injured party must, in essence, establish that the landowner had knowledge of the hazardous condition in order for liability to be proven.

Premises Liability Cases  - Defenses to Liability  

Comparative or contributory fault are common theories utilized as defenses to liability in premises liability cases. As a visitor an individual has a duty to exercise reasonable care for their own safety. When this duty of care is not employed the injured person's recovery may be limited or reduced by an amount that can be attributed to their negligence.
The property owner may or may not be liable for the person’s injuries in cases where a person's injuries were the result of slipping on an icy sidewalk in front of a business or on a grape, lettuce leaf, or other food item that had fallen on a grocery store floor. Of course property owners do have to exercise reasonable care in maintaining the premises in such a manner that would prevent injuries to lawful visitors especially if the condition of the premises is made known by a customer/visitor or is easily apparent. In this situation the property owner may avoid liability because the injured party has a duty to protect against injury. Another way a property owner may avoid liability is by establishing that the hazardous condition was so recent that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the injury occurred. Therefore a property owner has a reasonable period of time in which to discover the dangerous condition and remedy it. The determination of what constitutes a reasonable time is case specific.

Conclusion

Slips and falls, as common as it sounds presents complex legal issues and complex questions with regards to fact and law. If you have been injured in slip and fall accident contact a premises liability attorney at our firm to advise you of your rights and diligently work towards a favorable outcome.