Slip and Fall Accident Claims on Private vs. Public Property
One of the most common ways to sustain an injury is to slip on a surface during a step and fall to the floor or ground. Slip-and-fall accidents happen suddenly and cause painful injuries from both the blunt-force trauma of hitting the ground and the painful twist that occurs during the slip. These injuries can cause temporary or permanent disability, depending on the severity of the fall, the fall victim’s age, and whether or not they hit an obstacle as they fell.
When a slip-and-fall accident happens when someone else knew the hazard existed yet failed to take the reasonable measures it would have taken to prevent it, the injury victim could have a valid claim to recover damages like medical expenses, lost wages, and compensation for pain and suffering. However, recovering this compensation is more challenging on public property compared to private property.
Schedule a free consultation with a Salt Lake City slip and fall attorney today at (385) 404-6398.
Private Property Liability In Slip-and-Fall Accident Claims
Private property refers to any property owned by an individual, including commercial properties such as:
- Stores
- Restaurants
- Hotels
- Bars
- Coffee shops
Private property also includes non-commercial properties, such as another person’s home. When a slip-and-fall accident happens on private property, the injury victim must prove that the property owner was aware of the hazardous condition, they owed a duty of care to the injury victim, they violated their duty of care by failing to take reasonable measures to correct the hazard, and their violation of duty directly caused an injury with damages.
Commercial private property owners owe a special duty of care because they invite people onto their property for business reasons; however, even homeowners must take reasonable measures to prevent injuries to non-trespassers on their property, such as delivery personnel.
Once an injury victim’s attorney has compelling evidence in a private property liability claim, they present it to the property owner’s liability insurance along with a list of damages and then negotiate a settlement or go to court.
Slip-and-Fall Claims on Public Property
A slip-and-fall accident can happen anywhere that something interferes with the foot’s traction, such as wet floors or loose debris underfoot. This can occur on public property as well as privately owned property. Public property is that which is not owned by an individual but by a city, county, state, or federal government. Examples of public property include:
- Schools
- City bus stations
- Parks
- Playgrounds
- Libraries
- Rest areas
- Government facilities
When a slip-and-fall injury occurs on public property, the injury victim must file a claim against a local, state, or federal government agency, rather than a property owner. This requires special navigation with meticulous attention to filing procedures and timelines. For example, when filing a claim against a government entity in Utah, the claimant must give written notice to the agency and allow it 60 days to respond before filing a lawsuit.
In most states, the statute of limitations is also shorter for filing a personal injury claim against a government entity. In Utah, an injury victim has up to four years from the date of the injury to file a claim against a private property owner, but only one year to file a claim against a government agency — a premises liability lawyer in Salt Lake City understands these legal standards and will fight for your compensation.
It’s important to act quickly when filing a slip-and-fall accident claim when it occurs on public property and to hire a personal injury attorney with experience in this type of complex claim.
Contact us today online or call (385) 404-6398.