All property owners are liable for accidents resulting from negligent maintenance of their property
Typically, when you think of a slip and fall accident, the first scenarios that come to mind all involve commercial properties. For example, you might think of the hazards created by a spilled soda on a restaurant floor, a water leak in a gas station restroom, or a freshly mopped hotel lobby with no “wet floor” sign in sight.
However, in reality slip and fall accidents are equally possible at residential properties, and you are equally able to bring a personal injury lawsuit against the property owner in either case.
Proving Liability in a Slip and Fall Case
When determining if you will be able to secure compensation for your injuries, one of the most pressing concerns is the circumstances that made the floor slippery in the first place.
Property owners are not expected to be omniscient and immediately notice and clean up or warn against any and all spills or wet floor hazards that may develop on their property. So just because you fell does not automatically mean the property owner is liable.
Instead, one of these three scenarios must apply in order for you and your slip and fall accident attorney to prove the property owner is liable:
- The property owner (or tenant) caused the spill or other dangerous condition that made you fall.
- The property owner (or tenant) knew about the dangerous condition but did nothing to correct it or warn against it.
- The property owner (or tenant) should have known about the dangerous condition because, in their place, a “reasonable” person would have discovered and corrected it.
Next, you must further prove that you yourself were not negligent in falling victim to the dangerous condition. For example, if you fell because you were distracted by a cell phone and didn’t notice a huge puddle any reasonable, non-distracted person would have noticed and avoided, you may be partially responsible for your accident and injuries.
Remember, Private Homeowners Have Insurance for Slip and Fall Claims
Sometimes victims of slip and fall accidents on private property do not pursue claims because they know that the friend, relative, or neighbor who owns the property where they fell has no money and they do not want to create a hardship. However, it is important to remember that slip and fall accident settlements will actually be paid out of the property owner’s homeowners insurance.
In order to find out how much compensation you may be eligible for, consult an experienced premises accident attorney like Fernando D. Vargas. Attorney Vargas can review your case to make sure you have legal grounds for a claim, find out the policy limits on the property owner’s insurance, and help you seek full and fair compensation in negotiations with the insurance company.
To schedule a free initial consultation with Attorney Vargas, please call us at 909-982-0707.
