Slip and Fall Accidents
Slip and fall accidents are the most common type of
premises liability lawsuits. They are often caused
by a slippery or sticky substance on the floor, but
can also occur due to debris, broken or missing
handrails, uneven steps, or icy walkways. The law
requires that property owners, both public and
private, provide a safe, secure, and properly
maintained premise.
A person who slips and falls on another’s property
may be able to receive compensation for his or her
injuries from the property owner. Liability in such
situations depends on whether the property owner
owed the injured person a duty of care and, if so,
whether that duty of care was breached.
One of the most important factors in determining
liability in a slip and fall claim is the
relationship between the injured party and the
property owner. In most states, a person visiting a
property is classified as an invitee, a licensee, or
a trespasser.
Invitee
An invitee enters a premise in response to an
invitation from the landowner. Invitees include
customers at a retail store or shopping mall. The
owner has an obligation to use reasonable and
ordinary care to keep the property reasonably safe
for the invitee. This includes: the duty to warn the
invitee of non-obvious, dangerous conditions known
to the owner; the duty to use ordinary care in
active operations on the property; and the duty to
make reasonable inspections to discover dangerous
conditions and make them safe. There is generally no
duty to warn if the dangerous condition is so
obvious that the invitee should have reasonably seen
it.
Licensee
A houseguest or attendee at a party would be
classified as a licensee. In situations involving
licensees, the property owner typically has no duty
to inspect for or fix any obvious defects or
hazards. However, the owner must warn the licensee
of any hidden dangers on the property of which he or
she is aware.
Trespasser
A trespasser is someone who enters the property
without the owner’s permission. The property owner
has no duty to undiscovered trespassers. If a
property owner discovers someone on their land, they
have a duty to exercise ordinary care and inform
them of any hidden dangers.
Thus, the liability that property owners face from a
slip and fall accident may hinge on the victim’s
status. A trained legal expert is often required to
determine the legal rights of the accident victim.
If you have been injured in a slip and fall accident
you may be entitled to recover monetary damages from
those responsible. The experienced personal injury
attorneys of Peterson & Associates P.C. can assist
you in obtaining compensation. Please
contact us for
a free case evaluation.
For more information:
Personal Injury
FAQs
Personal Injury Legal Glossary
Disclaimer
The Missouri and Kansas slip and fall injury,
premises liability, property owner’s negligence, or
other personal injury legal information presented on
this site should not be construed to be formal legal
advice, nor the formation of a lawyer or
attorney-client relationship. Any results set forth
herein are based upon the facts of that particular
case and do not represent a promise or guarantee.
Please contact a slip and fall accident attorney or
premises liability lawyer for a consultation on your
particular personal injury matter. This web site is
not intended to solicit clients for matters outside
the states of Missouri and Kansas.
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