The Basics of Slip-and-Fall and Premises Liability Accidents
A slip-and-fall accident happens in an instant, but sometimes ends with painful and debilitating injuries that require months of recovery time. In the worst cases, the slip-and-fall victim could be left with a permanent injury that changes their life in an unfavorable way.
If the fall was preventable and only occurred because a property owner failed to take reasonable actions to prevent it, the injury victim may file a slip-and-fall personal injury claim against the property owner to recover their injury-related damages. Slip-and-fall claims fall under the umbrella of premises liability accidents.
If you were injured due to a hazard on someone’s property, contact a Salt Lake City slip and fall lawyer to pursue financial compensation.
Call (385) 404-6398 for a free consultation today.
What Causes Slip-and-Fall Accidents?
Slip-and-fall accidents are the most common way that injuries happen on both public and private property. They occur when something interferes with the foot’s normal traction during a step, causing the foot to slip forcefully out from under the walker and sending the person out of balance, so they fall painfully to the floor or ground.
Common causes of slip-and-fall accidents include the following:
- Wet floors from mopping, spills, or pipe leaks
- Icy walkways or steps
- Cracked or broken pavement
- Broken or uneven floorboards
- Unmarked level changes
- Inadequate lighting
- Improper cleaning products, such as slippery floor wax
- Loose gravel, sand, or debris
- Rolled or loose carpets or floor mats
Sometimes the fall includes a jarring twist of the body’s support system, such as muscles, tendons, and bones, as well as the final impact with the floor and obstacles along the way, causing serious injuries from twisting, stretching, and blunt-force trauma.
How Is a Property Owner Liable for a Premises Accident?
A property owner is responsible for keeping their property, or premises, free from dangerous conditions that could cause injury to those lawfully on the property. Commercial property owners have a special duty of care because they actively invite people to their property for business purposes.
This duty of care requires them to take reasonable measures, including regularly inspecting the property for slip-and-fall hazards and other dangerous conditions. When the property owner becomes aware of a hazard, the reasonable action to take is to promptly correct the hazard with repairs or to address it with warning signs until it can be corrected as soon as possible. If the property owner fails to do so, they are liable for the damages to an injury victim.
Proving liability for a premises accident, such as a slip-and-fall, requires showing:
- First, that the property owner was aware of the hazard, or should reasonably have been aware of it
- They had a duty of care to the injury victim because the individual was lawfully on the property and not trespassing or committing a crime
- They breached their duty of care through negligence
- The breach of duty directly caused the slip-and-fall or other injury
- The injury victim suffered damages from the injury, such as medical expenses, lost wages, and pain and suffering
Non-commercial property owners, such as homeowners, must also take reasonable measures to prevent injuries to visitors or those entering their property for legitimate reasons, including delivery and postal workers, neighbors, or solicitors — a premises liability attorney in Salt Lake City will fight for your compensation while you focus on your physical and mental recovery.
Understanding Premises Liability Accidents
Although slip-and-fall injuries are the most common premises liability accidents, a property owner is liable for any injuries on their property if they could have prevented the injury through basic, reasonable measures. Common premises liability accidents include pool injuries, elevator and escalator accidents, apartment fires, staircase accidents, and assaults due to inadequate security.
How Can a Premises Liability Attorney Help?
Proving a premises liability case requires substantial evidence of the property owner’s liability and the injury victim’s damages. The evidence must be meticulously documented and clearly presented within the correct jurisdiction and to the appropriate insurer, meeting all filing deadlines.
A premises liability attorney has the experience, knowledge, and access to important resources that help to make a compelling case for the injury victim’s maximum recovery.
Call (385) 404-6398 or contact us online.