Filing a lawsuit after a residential slip-and-fall accident

Posted on December 24, 2020

Residential property owners, including owners of apartment complexes, condominiums, and houses, have a duty to make the property reasonably safe for invitees. If someone is visiting the property and is injured as a result of a dangerous condition on the property, the property owner may be legally at-fault for their injuries. One of the most common types of accidents that occur on residential properties is the slip-and-fall accident.

What residential conditions are considered ‘dangerous conditions’?

Slip-and-fall accidents may occur a result of dangerous or hazardous conditions on the property. Residential invitees often trip-and-fall due to:

  • Poor lighting in stairwells and hallways
  • Missing handrails
  • Broken steps
  • Uneven pavement or carpeting
  • Ice, snow, and other debris causing slippery conditions on sidewalks and walking paths

Filing a claim against a property owner

Property owners will not be liable for an accident simply because it occurs on their property. No property is 100 percent safe and it is virtually impossible to make it 100 percent safe. However, property owners do have a responsibility to reasonably protect invitees from dangerous conditions they knew about or should have known about.

In order to file a premises liability lawsuit against the owner of the property, you must be able to prove:

  • You were a lawful visitor (invitee or licensee).
  • The property owner knew or should have known of the dangerous condition on the property.
  • The property owner failed to take reasonable steps to fix the dangerous condition or warn invitees of the condition.
  • You suffered injury as a result of the defendant’s negligence.

A property owner’s failure to properly inspect and maintain their property can cause their visitors to suffer significant injuries. If you were the victim of a slip-and-fall accident, a personal injury attorney in West Valley City can help you file your claim against the property owner responsible for your accident.