Injured In A Fall On Someone Else’s Property
Slip and fall accidents send millions of people to emergency rooms each year. While some falls result from clumsiness or inattention, many occur because property owners failed to maintain safe conditions or warn about dangers. Broken bones, head injuries, spinal damage, and other serious harm from these falls can require extensive medical treatment, cause permanent disabilities, and prevent you from working.
Our friends at Law Offices of David A. DiBrigida discuss how property owners have legal duties to keep their premises reasonably safe for visitors. A slip and fall lawyer represents people injured on someone else’s property, investigates what caused the fall, proves the owner knew or should have known about hazardous conditions, and fights for compensation covering medical bills, lost wages, and pain and suffering. These attorneys understand premises liability law and how to hold negligent property owners accountable.
Common Causes Of Falls
Wet or slippery floors create dangerous conditions in stores, restaurants, and other businesses. Spills that aren’t cleaned promptly, freshly mopped floors without warning signs, or tracked-in water on rainy days all cause people to lose footing and fall.
Uneven surfaces trip people who don’t see height differences. Cracked sidewalks, potholes in parking lots, uneven flooring transitions, or damaged stairs catch feet and cause tumbles. According to the National Floor Safety Institute, falls account for over 8 million emergency room visits annually, with flooring and walking surfaces contributing to many incidents.
Poor lighting makes hazards invisible. Dim stairwells, dark parking lots, or inadequate hallway lighting prevent people from seeing obstacles, steps, or surface changes until it’s too late.
Cluttered walkways force people to navigate around obstacles that shouldn’t be there. Boxes in aisles, electrical cords across walkways, or debris blocking paths create unnecessary trip hazards.
Missing or broken handrails on stairs remove safety features people rely on for balance. Building codes require handrails in many situations, and their absence or disrepair creates liability when falls occur.
Weather-related hazards include ice and snow that property owners failed to clear or treat. While natural accumulation during storms might be excusable, allowing ice to persist for days or failing to salt walkways demonstrates negligence.
Proving Property Owner Negligence
Premises liability claims require proving property owners breached their duty of care. The duty owed depends on your visitor status. Invitees, people invited onto property for business purposes like customers in stores, receive the highest duty. Owners must inspect for hazards and either fix them or warn about dangers.
Licensees, social guests invited onto property, receive a slightly lower duty. Owners must warn about known hazards but don’t have to inspect for problems.
Trespassers generally receive minimal duty, though owners cannot set traps or create intentionally dangerous conditions. Child trespassers receive more protection under attractive nuisance doctrine for hazards that might lure children.
Proving negligence requires showing the owner knew or should have known about the dangerous condition. Actual knowledge exists when owners were aware of hazards. Constructive knowledge applies when hazards existed long enough that reasonable inspections would have discovered them.
What You Must Prove
Successful premises liability claims require establishing several elements. First, the property owner owed you a duty of care based on your visitor status. Second, a dangerous condition existed on the property. Third, the owner knew or should have known about the hazard. Fourth, the owner failed to fix the hazard or warn you about it. Finally, this failure caused your fall and resulting injuries.
The property owner’s knowledge is often disputed. They might claim hazards appeared seconds before your fall, giving them no opportunity to address the problem. We investigate how long conditions existed through witness statements, surveillance footage, and maintenance records.
Your own conduct matters in comparative negligence states. If you were distracted by your phone, ignored warning signs, or went into restricted areas, your recovery might be reduced by your percentage of fault.
Types Of Properties And Liability
Retail stores owe customers high duties of care. They must regularly inspect for hazards, clean up spills promptly, and maintain safe conditions. Store policies about floor checks and spill response become evidence in these cases.
Restaurants face particular scrutiny because food and drinks frequently spill. Kitchens have inherent slip hazards from grease and water. Dining areas must be monitored constantly for dropped food or beverages.
Apartment complexes and landlords must maintain common areas like stairways, hallways, parking lots, and walkways. Individual unit conditions are typically tenants’ responsibility, but shared spaces fall to property owners.
Hotels owe guests high duties regarding room safety and common areas. Pools, fitness centers, and lobbies must be well-maintained and monitored for hazards.
Government property claims involve special notice requirements and shortened deadlines. Sovereign immunity limits some claims against government entities, though exceptions exist for dangerous property conditions.
Private residences create liability when homeowners invite people onto their property and fail to address known hazards or warn about dangers.
Evidence Collection After Falls
Documentation immediately after falls is essential for successful claims. Photos of the hazard that caused your fall, the surrounding area, lighting conditions, and your injuries provide powerful evidence. Take pictures from multiple angles showing exactly what you encountered.
Incident reports filed with property owners or managers create official records of what happened. Request copies and read them carefully, correcting any inaccuracies immediately.
Witness information from people who saw your fall or the hazardous condition helps corroborate your account. Their independent observations carry weight when property owners dispute circumstances.
Medical records linking your injuries directly to the fall show causation. Seek immediate medical attention even if injuries seem minor, as some problems worsen or become apparent over time.
Clothing and footwear you wore can be evidence. Defendants sometimes claim inappropriate shoes contributed to falls. Preserving what you wore helps counter these arguments.
Common Injuries From Falls
Falls cause various injuries depending on how you landed and what you hit. Fractures commonly affect wrists, arms, hips, and ankles as people try to catch themselves or land awkwardly. Hip fractures are particularly serious for elderly victims and can lead to long-term mobility issues or complications.
Head injuries range from concussions to traumatic brain injuries. Hitting your head during a fall can cause lasting cognitive problems, memory issues, or personality changes.
Spinal injuries include herniated discs, compression fractures, and spinal cord damage. These injuries cause chronic pain, limited mobility, or paralysis in severe cases.
Soft tissue injuries like sprains, strains, and torn ligaments might seem minor initially but can cause persistent pain and functional limitations.
Compensation In Premises Liability Cases
Economic damages cover your financial losses including:
- Medical expenses for emergency treatment, hospitalization, surgery, and rehabilitation
- Future medical costs for ongoing treatment or therapy
- Lost wages from missed work during recovery
- Reduced earning capacity if injuries prevent returning to your career
- Property damage to items broken in the fall
Non-economic damages address non-financial impacts. Physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement all warrant compensation.
The severity and permanence of injuries significantly affect damage calculations. Temporary injuries requiring weeks of treatment result in lower compensation than permanent disabilities requiring lifetime care.
Comparative Fault Considerations
Many states reduce your recovery if you share any fault for your fall. If you were 20% responsible for not watching where you walked, your compensation decreases by that percentage. Some states bar recovery entirely if you’re more than 50% at fault.
Property owners often argue you caused your own fall by being distracted, rushing, wearing inappropriate footwear, or ignoring obvious hazards. Defending against these allegations requires evidence showing the hazard was not obvious and that reasonable people in your situation wouldn’t have avoided it.
Time Limits For Filing Claims
Statutes of limitations for premises liability claims typically range from one to four years depending on your state. The clock usually starts on your fall date, though discovery rules might extend deadlines if injuries weren’t immediately apparent.
Property owner insurance policies also have notice requirements. Delayed reporting might give insurers grounds to deny claims. Acting promptly protects your ability to recover compensation.
Building Your Case
We investigate falls thoroughly, visiting accident sites to photograph conditions, interview witnesses, and understand what you encountered. Property maintenance records show whether owners properly inspected and maintained their premises.
Surveillance footage often captures falls as they happen. We obtain this video before it’s deleted on regular schedules. This footage can prove exactly what caused your fall and contradict property owner claims about conditions.
Industry standards for property maintenance, inspection frequency, and hazard response help establish whether owners met their duties. Violations of building codes or safety regulations strengthen negligence claims.
Settlement Negotiations
Most premises liability cases settle before trial. Property owners and their insurers prefer avoiding jury trials where sympathetic injured plaintiffs might receive substantial awards. We negotiate from positions of strength when evidence clearly shows negligence caused your injuries.
Initial offers rarely reflect full case value. Insurers hope you’ll accept quick settlements before understanding the extent of your injuries and damages. We evaluate offers carefully against your actual losses and likely trial outcomes.
Your Rights After A Fall
Falling on someone else’s property and suffering serious injuries disrupts your life in countless ways. Medical treatment, time off work, and ongoing pain affect you and your family. Property owners who failed to maintain safe conditions or warn about hazards should be held accountable for the harm their negligence caused.
If you’ve been injured in a slip and fall accident, don’t assume you have no recourse or that the fall was your fault. Property owners have legal responsibilities to maintain safe premises. Contact an attorney who handles premises liability cases to discuss what happened and whether you have a valid claim. Understanding your rights is the first step toward holding negligent property owners accountable and obtaining the compensation you deserve for your injuries.
