Slip and fall accidents can be among the most unexpectedly serious personal injury cases. A fall, even one of only a few feet, can exert enough force on the body to cause severe and permanent harm.
Any time a person visits another’s property, that property owner has a duty to look out for their well-being. If that person suffers an injury while visiting, the landowner may be held responsible. A Chesterton slip and fall lawyer could represent you in your case against a landowner who allowed an injury to occur on their property, and work to hold negligent property owners responsible for their actions. En Español.
Not every accident that happens on another’s land is grounds for a lawsuit. Depending on why a person was on the property when they slipped, they have different rights under the law.
In general, a landowner has a duty to protect a visitor from any foreseeable or known hazards. However, the extent of this duty depends upon the visitor’s reasons for being there.
For example, a visitor to a grocery store has the greatest amount of protection—the duty to exercise reasonable care. They are entering the land as a member of the public for a business purpose, and are accordingly considered to be invitees.
A medium level of protection belongs to people who enter otherwise private property upon express invitation of the land owner. Known as licensees, landowners must warn these visitors of any non-obvious dangers on the land and refrain from wantonly injuring the visitor.
The final category of visitor is a trespasser—someone who enters the premises without the owner’s permission. Aside from being illegal in a criminal sense, trespassers have almost no legal protection from harm on a landowner’s property. The landowner must only avoid intentionally or wantonly injuring trespassers. As such, a trespasser may have a difficult time winning a slip and fall case under most circumstances.
The classic example of a slip and fall case is a shopper in a store falling on a spill. However, visitors are also protected from hazards such as:
For someone to win their case, they must be able to prove that the landowner did not take sufficient measures to protect them from these hazards, as well as that the hazard caused a physical injury. Key evidence in these cases can include security footage, incident reports, and documentation indicating the landowner knew about the hazard prior to the injury.
A slip and fall case in Chesterton may also revolve around the extent of the person’s injuries. Of course, the plaintiff must have suffered some physical harm to have a case in the first place, but a comprehensive claim will often also include consideration for lost wages, mental anguish, and any permanent disabilities.
A slip and fall accident can have severe, long-lasting consequences. Even if a victim makes a full recovery, they may miss significant time at work and ensure painful therapy sessions.
A Chesterton slip and fall lawyer could work to hold negligent landowners responsible for their actions, whether they are shop owners, landlords, or even private home owners. There is a strict time limit to file a claim, so do not wait. Call today for a consultation.