Monthly Archives: May 2014
Question: If a person other than an employee likely created the hazard that caused my fall, is the property owner responsible for my injuries?
Answer: There are two scenarios where a property owner may be responsible for your injuries from a slip and fall accident when a non-employee (like another customer) creates the hazard that causes your injuries. If the hazard was created and the property owner failed to discover it and fix it or warn of it within a reasonable time, the property owner would be liable for your injuries. Additionally, if the property owner’s business is such that it creates a hazard as a by-product of how it does business, that property owner may also be liable for your injuries. The ultimate determination of liability is always dependent upon the precise facts presented by each case.
Answer: The most important factor for me in determining whether to take a premises case is the question of liability. One of the first questions I often ask potential clients is what did the property owner do to cause your fall? Sometimes the answer is not what the property owner did but what he did not do which caused a fall. For example, a property owner may be liable for a person’s injuries caused by a fall on ice when the owner failed to clean snow off a sidewalk within a reasonable time. The answers to these type of questions usually determines whether I take a premises liability case.
Question: If I slip and fall or trip and fall at a business, is the property owner liable for my injuries?
Answer: In premises liability cases, where you are injured while on the property of another, the property owner is not automatically liable for your injuries. In other words, if you fall and are injured on someone else’s property, the property owner does not have to pay for your injuries just because you were injured on that person’s property. As with all personal injury cases, part of your claim is showing that someone else is legally responsible for your injuries. A property owner is not the insurer of everyone who comes on the property.