Commonly known as a "slip and fall" accident, Premise Liability takes place when a person falls on a floor, sidewalk, stairs or other surface resulting in injury. Some common "slip and fall" accidents may result from an uneven floor, poor lighting, a slippery floor surface or an unseen danger, such as a covered pothole.
The laws protect people from such accidents by holding owners of the premises, such as a house, building, or parking lot liable if they fail to properly maintain their property. These laws also extend to the responsibility of management companies for apartment complexes or storeowners.
There are distinctions in the law, however, between being an "invited guest" or a trespasser. If you are an "invited guest" you are entitled to a duty of care by the host, which includes warning you of any possible dangerous conditions existing on the property. If you are trespassing, you may receive a lower standard of care because of the fact that you are an uninvited guest.
If a child wanders into a person's property and is unaware of potentially hazardous conditions, the property owner is still responsible for the possibility of a child getting hurt on his/her property, as in the case of an unfenced swimming pool. Adult property owners are aware that this is attractive to children and may pose a danger for drowning. Therefore, the pool must be gated or sealed off so a child cannot hurt him/herself.
If a person should get hurt while on government property, such as a city parking garage, the government entity is responsible for the proper maintenance of the property. However, there are strict rules for lawsuits brought against governmental properties. The statutes of limitation for filing a "slip and fall" case on government property are very short, and can only be filed after written notice of the injury has been provided to the government. If you, or a loved one has been injured due to a slip and fall, please fill out our Free Consultation Form
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