Premises Liability in Slip and Fall Cases

The concept of premises liability refers generally to accidents that occur on another person’s property, either inside or outside, due to some danger or defect related to the property. Slip and fall cases may result in premises liability if the slip and fall injury occurs as a result of dangerous or defective property. Premises liability can occur in the context of a personal injury on commercial property, such as a store or parking lot, at a private residence, or on public property, such as a park or street. Some examples of dangerous or defective property conditions that might result in premises liability include design defects, failure to maintain property, and/or poor construction.

Legal Responsibility in Premises Liability Cases

There are some general rules that govern legal and financial responsibility for injuries that occur due to dangerous and/or defective property conditions. First, a property owner has a duty to keep his or her property maintained in a safe manner. That is, a property owner may be liable for a slip and fall accident that occurs in a building if he or she was aware of a defective staircase, but failed to maintain and/or repair that staircase. Second, the person entering onto the property must exercise reasonable care in doing so, or must refrain from using the property in an unintended or inappropriate manner. Therefore, if a person chooses to skateboard down a staircase and is injured, the property owner would not be liable for those injuries, as a staircase is not normally suitable for skateboarding. If the user of a property acts in a dangerous, careless, and/or unauthorized manner, then the property owner would not be liable for any resulting injuries.

Premises Liability for the Property Owner or Occupier – Who Is Responsible?

When a slip and fall accident occurs, it is often unclear who might be responsible for the victim’s injuries – the property owner, the property occupier, or both. For instance, in a slip and fall cases that occurs on a commercial property, the owner of the property is likely to be a different person and/or entity than the occupier of the property, such as a retail store. The responsible party may differ from case to case, depending on the nature of the accident, the cause of the accident, and the legal relationship between the property owner and property occupier, which may govern such claims at least to some degree. A similar question in terms of the responsible party might also occur in the case of a slip and fall accident that occurs when a person visits a rental unit. Again, depending on the circumstances surrounding the accident, as well as the lease agreement between the landlord and tenant, the party responsible for injuries from a slip and fall accident caused by a property condition or defect may differ.

Getting Legal Help

If you or a loved one has experienced injuries from a slip and fall accident, you should be aware of potential premises liability issues that might exist in your case. As premises liability can be a complicated issue, and there may be multiple parties responsible for injuries due to dangerous and/or defective property, you should immediately seek the assistance of an experienced personal injury attorney to evaluate your claim.

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