Liability in a Slip and Fall Case

Slip and Fall Accidents

As tempted as many people are to brush off a slip and fall injury and not make a big deal about the accident, it is okay to be concerned about your injuries and want to fight for compensation. Just because you need to be compensated for your injuries does not mean you are trying to put anyone out or make a scene. We want to remind all of our clients that they have the right to seek compensation after a slip and fall accident and that we are here to fight for your rights when it comes to speaking with the property owner, their attorney, and/or their insurance agency. We must prove that the property owner is the one who was responsible for your injuries in the slip and fall accident, so you may wish to know more information on liability.

Slip and Falls, AKA Premises Liability

You may only hear about slip and fall claims or you may hear them referred to as “premises liability” claims. This refers to the same thing and is when someone is on someone else’s property and they become injured because there were dangers on the property. When you are on someone else’s property they owe you a duty of care. This means that they should keep their property neat enough to where they do not have hazards and dangers on their property that could harm visitors. When it comes to premises liability, it is important to remember that you should have some sort of invitation to be on that property and that can come in a few different forms:

  • An implied invitation
  • A formal invitation
  • An informal invitation 

When it comes to protecting their visitors, property owners are responsible for doing everything within their power to ensure that their property is safe.

Mitigating Foreseeable Dangers

When it comes to mitigating foreseeable dangers, it means that a property owner should have known about certain dangers and had the opportunity to take care of them. For example, if they knew that their outside area would have ice on it and did not treat the sidewalk pre-ice or did not go out to treat after the ice was down but still encouraged visitors to come in, they would be responsible for this foreseeable danger. Further, if a waiter knew that there was a wet spot on the floor where someone had spilled a drink but chose to ignore it so that they could go about their other duties and someone slipped and fell, this was also a foreseeable danger that should have been cleaned up quickly before a fall occurred.