Many victims of slip/trip and fall accidents feel embarrassed and unwilling to file a lawsuit because they believe that the accident was their own fault. Sometimes they are correct, but in many instances, the accident is caused by the owner or property manager's failure to maintain their property. Premises liability refers to more than just slip/trip and fall accidents, and includes any injury which is caused by a landowner's failure to maintain his or her property in a safe condition.
Some common accidents are caused by:
- Slippery floors in public premises (e.g. supermarket, tavern);
- Damaged staircases and steps (staircases have their own body of law, because this is so common);
- Broken, cracked or depressed sidewalks, pavement or roadways;
- Attractive nuisances (e.g. child wanders onto another property and falls into their swimming pool);
- Slips due to snow and/or ice;
- Security negligence, (e.g. bouncers, over aggressive security);
- Carbon monoxide exposure in apartment buildings.
Generally, in order for a person to sue and recover against a property owner and/or property manager, he or she must prove that (1) the owner/manager owed a duty to the plaintiff; (2) that the owner/manager breached that duty; (3) that the injury which resulted was proximately caused by the owner/manager's breach of their duty; and, (4) the plaintiff suffers damages (injuries) as a result of insured's breach.
To demonstrate that an owner/property manager had a duty to the plaintiff, he or she must establish that (a) they were legally permitted to be on the property, or alternatively, that the property owner knew that the plaintiff (or others like the plaintiff) frequently entered onto the property, regardless of permission; and (b) that the owner/manager had either actual or constructive notice of the condition. Constructive notice is proved by demonstrating that the hazardous condition was "visible and apparent and...existed for a sufficient length of time prior to the accident to permit the owner/manager to discover and remedy it. Actual notice may be found where an owner/manager created the condition or was aware of its existence prior to the accident.
Please note, that while a landowner is legally required to act as a reasonable person in maintaining his or her property in a safe condition, they are not required to protect or warn against an open and obvious condition. For example, a plaintiff cannot recover for tripping over a ten inch decorative slab in a walkway leading up to a home, because the slab is easily observable to the plaintiff, and therefore poses no undue risk of harm.
Slip/Trip and fall accidents are particularly worrisome for people who already suffer from bad knees and back problems, as these types of injures commonly result in the twisting of the knees and back. For information on common back and neck injuries, click here.
If you or someone you know believes that they have been the victim of an accident, call Law Offices of Heidi A. Gifford today at (518) 725-0655.