To determine whether a premises owner is responsible for slip and fall accidents and the injuries that result, you will need to look at whether or not the premises owner violated the duty of care. The duty of care that a premises owner owes to a visitor will depend upon the visitor’s status on the property at a given time.
A business invitee, for example, is a person who is present on business premises to further the interests of the property owner. For example, a customer at a store or shopping center qualifies as a business invitee. Property owners and managers owe business invitees the highest possible duty of care. Specifically, when it comes to their properties, they must warn about or repair any known dangerous hazards or defects on the property, such as puddles of water on the floor, a loose floorboard, a defective staircase, or a wobbly railing.
In addition, owners must regularly inspect their premises for potential dangers. If the property owner or manager knew about the defect yet failed to remedy it or warn about it properly, you can hold them responsible for any injuries you suffer in a slip and fall accident.
On the other hand, social guests—or licensees—are present on the premises for their interests. A guest at someone’s home, for example, is a licensee. A property owner owes a licensee much the same duty of care as they owe a business invitee. Specifically, the premises owner must promptly warn about or correct known hazards on the property.
One final classification of property visitors is a trespasser. A trespasser is an individual on the premises without the owner’s permission. In many instances, a property owner does not owe a trespasser a legal duty of care. However, if the trespasser is a child or someone whom the property owner knows to visit the premises regularly (even without permission), then the property owner might owe the known trespasser some legal duty of care.
If you suffered injuries on someone else’s property, you must demonstrate that the property owner owed you a legal duty of care and they violated this duty of care by failing to remedy or warn about dangers. In addition, you must demonstrate that the property owner or manager knew about the defect yet failed to act in a reasonable time.
The knowledgeable Redding slip and fall lawyers at Reiner, Slaughter, Mainzer & Frankel can review the circumstances of your fall accident with you and determine if the property owner violated their duty of care. If a violation occurs, your lawyer can assist you with bringing a claim against the property owner’s insurance company, seeking appropriate monetary damages.