Premises Liability / Slip and Fall
What is a "premises liability" case, and how is it different from a "slip and fall"? The answer is that a slip and fall case is one kind of a premises liability case. Premises liability cases are those kind of cases where someone suffers an injury on the "premises" of another, due to the negligence of the person/company that owns or operates the premises. The premises could be a home, residence, rental property hotel, motel, business, retail store, restaurant, grocery store, home improvement store, amusement park, state fair, government building.
Those who own/lease property have a responsibility to make it safe for their guests, visitors and customers. That means keeping the property safe from any known dangers or other conditions that can cause injury to people. Perhaps the most common injury on a premises is a "slip and fall" where the guest or customer slips on a substance spilled on the floor and falls, sustaining an injury.
Is a property or store owner liable simply because someone falls and injures themselves at their home or store? The answer is no. Before they can be held liable, it must be shown that the property or store owner knew or should have known of the dangerous condition. For instance, if a person slips in some water at a fast food restaurant, that does not mean the restaurant is liable. It is possible that another customer spilled something on the floor just a few moments before the person slipped in it, or it is possible that whatever it was on the floor could not have been seen by store employees.
It is very common for places like restaurants, retail stores, home improvement stores etc to have video cameras that will show exactly what happened. So if your or anyone you know falls or are hurt in a business of any kind, you need to ask them to produce or preserve the video tapes for that day. You need to make this request in writing. It is also very common for the store owners to fill out an accident report, and you need to ask for a copy of that also.
Some property owners and homeowners have what is called "no fault" medical insurance, which will pay some of your medical bills even if they were not at fault. So if you are injured on someone else's property, you need to ask about no fault insurance (sometimes called medical payments or medpay), you need to get a copy of the accident report and you need to make sure they don't get rid of their video tapes or surveillance photos.
There are other types of premises liability cases. I have represented people who have been injured by faulty amusement park rides, dangerous bleachers, faulty automatic doors, the list goes on and on.
If you have any questions about your rights when injured on someone else's property, call me. As always, there is no charge to talk to me and you will be under no obligation to hire me. If I take your case, it will be done on a contingent fee, meaning I don't get paid unless I get a recovery for you.
