If you fall on the property of a homeowner, do they have to pay for your injuries? It depends on several factors. If the homeowner is negligent and this negligence led to your fall, for example. In personal injury law, these cases are classified under premises liability. Understanding your legal rights will help you determine if you can bring a claim against a homeowner.
Understanding Premises Liability
A property owner is legally obligated to ensure that the premises they own are safe for their guests. If a homeowner fails to maintain their property, they can be held responsible for any damages caused by a visitor.
Not all accidents on another’s property result in a suit. To hold the homeowner liable, you must prove certain key factors.
- Duty of care: The homeowner must have had an obligation to you.
- Negligence: A homeowner must have neglected to maintain their property.
- Causation – Negligence by the homeowner is directly responsible for the fall.
- Damages: The damages must be actual, such as medical expenses, lost wages, or pain and suffering.
Who can sue an owner?
Your visitor status determines the legal status of your slip-and-fall claim. The law divides visitors into three categories:
- The property owner has invited people to the premises. It could be customers, guests or maintenance workers. Homeowners owe the highest degree of care to their invited guests. They should inspect regularly, fix any hazards and warn of possible dangers.
- Licensees are people who have been granted permission to enter the property. This could be a friend or neighbor. Homeowners must warn visitors of known hazards but are not required to inspect for unknown hazards.
- Trespassers – If you enter the property without permission, your legal rights are severely restricted. Homeowners are generally not responsible for injuries caused by trespassers, unless there are certain circumstances, such as dangerous conditions intentionally created to harm intruders.
Slip and Fall Accidents: Common Causes
You must prove that the injury was caused by a condition unsafe which the homeowner should have been aware of or knew about. Falls are commonly caused by:
- Uneven or broken walkways
- Slippery or Wet Floors
- Loose or missing handrails
- Unlit or cluttered paths
- Rugs and carpets not properly secured
- Inability to remove snow and ice (in applicable regions)
Homeowners who are negligent may be held responsible for injuries if they knew about one of these hazards and failed to take reasonable steps to fix it.
How to prove negligence during a lawsuit
You must show that the homeowner’s negligence led to your fall and injury. You can prove that you are entitled to compensation by providing the following evidence.
- Photos or videos: Documenting dangerous conditions before they’re repaired is a powerful proof.
- Witness Statements: You can use statements from witnesses who saw your fall or knew of the danger to support your claim.
- Medical Records – Medical records that demonstrate the extent of your injury can be used as a basis for determining the amount of compensation you are entitled to.
- Reports of incidents – If a fall occurred at a home office, it may be easier to establish liability with an official report.
- Expert Testimony. A legal expert, accident reconstructionist or other expert may be able to provide insight into the case.
Homeowner Defenses Against Liability
Homeowners may claim they are not responsible by using a variety of defenses.
- Comparative Negligence – The homeowner may claim that you are partially responsible for your fall, such as because you were wearing inappropriate shoes or you ignored warning signs.
- Hazards that are evident – If the homeowner fails to take reasonable precautions despite the danger clearly being visible, they will not be held liable.
- Lack of Knowledge: The homeowner is not responsible if they were unaware of a danger or if it was not possible to determine the danger.
What kind of compensation is available?
You may be entitled to:
- Medical costs – This includes emergency care, surgery, rehabilitation and medication costs.
- Lost Wages: Compensation for income lost due to time away from work.
- Injuries can cause physical and mental suffering.
- Long-term Disability: If you suffer a permanent injury due to a fall, you may be entitled to compensation for long-term care.
What to Do After a Slip and Fall Accident
If you accidentally fall on someone else’s property, take the steps below to protect your legal rights.
- Prioritize your health. A medical report will be attached to your claim.
- Document the Scene. Take photos of the dangerous situation before it is repaired.
- Inform the homeowner about the incident.
- Gather information from witnesses – Obtain contact details of anyone who saw the accident.
- Consult an attorney – A personal injury attorney can assess your case and advise you on the best legal strategy.
Final Thoughts
You can sue the homeowner if you slip and fall. However, your success will depend on whether or not you are able to prove negligence. If you are injured because of a dangerous condition which the homeowner knew about or should have corrected, then compensation may be due. Legal counsel will help you navigate the complex laws of premises liability and protect your rights.
This article was written by Jeanette Secor PA Attorney at Law.
Since over 20 years, those who are seeking justice for an injury have turned to the St. Petersburg law office of Jeanette Secor PA. Jeanette Secor is a renowned attorney who specializes in slip-and falls. She has represented clients successfully in motorcycle accidents, car accidents and slip-and fall incidents.
