Slip-and-fall accidents on private property are a common occurrence. If you’re unlucky enough to be the victim of such an accident, there’s no guarantee that your insurance will cover all your medical expenses.
There is also no certainty that the property owner will compensate you for pain and suffering or even admit fault. That’s why contacting a Yuma Personal Injury Attorney is necessary. Here we’ll discuss what slip-and-fall accidents entail, who’s liable for damages, and how to get compensated if you got injured in this way.
Types of Slip-and-Fall Cases at Private Property
There are different types of slip-and-fall cases that might result from an accident on private property:
- Loss of traction occurs when the surface is wet or icy.
- Loss of balance may be by tripping over an object in your path, like furniture that was on your way before you took off running or walking.
- Faulty lighting
- Stumbling over an obstructed surface
Determining Liability for a Slip and Fall on Private Property
Liability is determined by the status of the person who slipped, not that of the owner or manager. Liability is apportioned under the following four statutes:
- Public Entities/Government entities
If you’re an invitee, then it is assumed that the private property owner was negligent in maintaining their area and should be responsible for your slip-and-fall. In this case, the liability falls on both the person/company who owns or manages a building and any contractors hired.
Suppose you slip and fall while on the premises because of a defect; it is assumed that the owner/manager should have known about this defect. This would be an example of negligence, and they are responsible for compensating you for your injuries caused by this incident.
Trespassers and Slip-and-Fall Cases
When individuals are classified as trespassers or licensees, the liability falls on either the individual who slipped or any other individuals present when the accident happens. This means that if you were trespassing and someone else was injured, they can file a personal injury claim against you.
If public entities are liable for slip-and-fall damages, then you should file a claim with your government.
If you found yourself in the position of having to sue for damages after slipping and falling on private property, then you must prove several points:
- You got injured as a direct result of reasonable carelessness by an individual or company owner/manager
- The person who caused your injury was a direct employee of the owner/manager, not a contractor
- The owner/manager was aware of dangerous conditions on their property and did nothing to fix these issues.
Suppose you or your legal team can’t prove the above. In that case, no liability will lie on either party, and legal action would not likely result in a favorable outcome for anyone involved.
Contact an Experienced Attorney
Slip-and-fall cases on private property differ from those that occur in public areas. In the latter type of case, it’s assumed that a dangerous condition existed and was left unattended by an owner/manager who should have been aware of this danger. There is no need to prove negligence or fault in such cases.
However, in cases where the slip-and-fall occurs on private property, it’s assumed that either you or other individuals are responsible for what happened to you because of your actions/inactions (trespassing).
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