What Is Premise Liability?

Premise liability describes an accident that occurs on someone else’s property for which the owner or manager of that property is legally responsible.  This can be difficult to prove, because in many cases an accident is merely due to carelessness or normal daily circumstances and not premise liability.  In order to prove premise liability against an owner or manager, there must be evidence that the accident was due to negligence or lack of reasonable attention to safety on the part of the owner or responsible party. 

Causes of Slip and Fall Accidents
Accidents inside a building are often the result of a loose carpet, wet surface, uneven flooring, or poor lighting.  Outside a building, slip and fall accidents may also be caused by broken sidewalks, potholes, hidden hazards, wet or icy surfaces, or improper stairs or steps.  Such accidents may be the result of simple slip and falls or negligence on the part of the owner or manager of the property.

If an owner or manager was aware of the dangerous condition of that property, it may be appropriate to hire a premise liability attorney to sue them for premise liability.  If an experienced slip and fall attorney can prove premise liability, the owner or manage may be ordered to compensate you for your losses due to the slip and fall accident.

There are three primary reasons for which the injured can charge an owner or manager with premise liability for a slip and fall accident.  First, that the owner or manager caused the problem himself.  Second, that the owner or manager knew about and had the time and the means to correct the problem and avoid the slip and fall accident but failed to do so.  Third, that the owner or manager should have known about the problem because it had existed for some time or been reported by an employee or customer.  Due diligence would have caused the owner or manager to correct the problem before the slip and fall accident.

Liability for Slip and Fall Accidents
The key to charging someone else with premise liability for your slip and fall accident is to prove that there was someone who was responsible for that property and whose negligence caused or allowed that slip and fall accident to occur.  That is often where a premise liability attorney can prove helpful.  In today’s complex society, there can be owners, managers, and tenants who all have a part in maintaining property.  It can be difficult to wade through the legal liability to discern who was responsible for the maintenance of that portion of the property where your slip and fall accident occurred without the help of a lawyer.  A mediator or jury must be able to comprehend the evidence on both sides and use common sense to determine what reasonable steps should have or could have been taken to avoid the slip and fall accident.  

If your slip and fall accident occurred in a residence, the owner may still be liable for your injuries.  A premise liability attorney can help you discern if the slip and fall accident was caused by something that the owner should reasonably have  known about and fixed, and he can help you decide if you should charge them with premise liability for not doing so.  In addition, there must have been a foreseeable possibility of serious injury from the problem that the owner should reasonably have been aware of before your slip and fall attorney can hope to win a premise liability case.    
 
Regardless of whether the slip and fall accident occurred on commercial or residential property, if the slip and fall accident happened to a trespasser, they have no legal right to charge the owner or manager with premise liability.  The law considers any slip and fall accident to a trespasser the responsibility of the trespasser who was on the property without the owner’s consent.

Steps to Resolving Liability for Slip and Fall Accidents
The first thing the victim of a slip and fall accident should do, if possible, is take notes and compile evidence from the accident that they can provide for their premise liability attorney.  This may not always be possible, but since settlements, negotiations, and court cases for premise liability cases can take months, it is often impossible to remember all the details if they aren’t written down.  Attorneys have no way of knowing those details without your testimony and written evidence.  Pictures can also be a help in a slip and fall accident that takes place due to damages on someone else’s property.  A picture of a cracked sidewalk, uneven flooring, or a broken step can provide your premise liability attorney with the evidence they need to pursue your premise liability case. 

Once you contact an attorney, you should provide all the information about the slip and fall accident, the medical costs that resulted, and the other costs that may have ensued, such as lost wages, additional transportation costs, rehabilitation expenses, and home care costs. 

Often, your premise liability attorney can negotiate a settlement with the parties involved in the premise liability case.  This is the most common solution to premise liability cases.  If that does not work, you and your premise liability attorney may have to take your premise liability case to court.  In that situation, a premise liability attorney provides essential expertise on court filings and procedures.  Premise liability attorneys can tell you if you have a premise liability case that warrants the time and expense of pursuing civil action.