Premises Liability Incidents Should Not Be Taken Lightly
Slip, trip, and fall incidents (often referred to as premises liability claims) occur when someone is injured as a result of a land possessor’s negligence. The setting for these claims can be residential or commercial and can vary from a grocery store to an undeveloped tract of land. Generally, the possessor of the land where the injury occurred must act in a certain manner depending on the legal status of the injured party at the time of the incident. An owner or occupier of land or buildings who invites another to enter the land must have the premises in a reasonably safe condition and give warning of concealed dangers. A landowner is generally required to use reasonable care to make the premises safe for the use of those invited on the land. The land possessor’s legal responsibilities vary depending on the circumstances under which the injured party entered the possessor’s land. Owing to the potentially complicated and contentious nature of the claims it is important to have an attorney who understands the legal aspects of the claim. Members of Goodnow|McKay are experienced with these claims and are here to help. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.
Lawyers You Can Trust.
Common Types of Slip and Fall Legal Claims
The primary source of recovery in premises liability incidents is a liability claim. There are three distinctly different claims depending on where the incident took place and who is responsible for the damages.
Residential Premises Claims: Premises claims resulting from a hazardous condition on a landowner’s or land possessor’s residential property generally result in claims against the possessor’s home owner’s insurance or renter’s insurance.
Commercial Premises Claims: Premises claims resulting from a hazardous condition on a land possessor’s commercial property generally result in claims against the possessor’s commercial general liability insurance.
Government Premises Claims: Premises claims resulting from a hazardous condition on government-owned property generally result in a claim directly with the responsible government entity. Please be advised that claims against the government can be complicated and difficult and a notice of claim must be given to the appropriate entity within a certain amount of time of the incident giving rise to injury or the claim will be forever barred.
Examples of Dangerous Conditions in Slip and Fall Cases
- Holes in a walking area or defective stairways
- Slip and fall caused by negligent maintenance such as water or oil on the floor
- Construction defects causing injury
- Assault and battery as a result of improper security
- Elevator malfunctions
- Poorly secured objects that impact a person
- Malfunctioning automatic doors
- Improperly shielded electrical wiring
Potential Value of a Slip and Fall Case
The full value of a slip and fall claim is factually-dependent. The three criteria that compose the full value of the premises liability care are:
- Incident-related medical bills and expenses
- Lost income related to recovery
- Compensation for pain and suffering