Premises Liability in Hicksville Slip and Fall Cases
Premises liability refers to the responsibility of a person who owns or manages a piece of property to maintain it so that it is safe for visitors. This duty is a factor of many slip and fall cases, as these accidents are often caused by ignored hazards on a person’s property.
This area of law is complex, and it can be difficult to prove the property owner’s negligence in court without the guidance of a qualified attorney. If you have been injured in a slip and fall accident on someone else’s property, a Hicksville attorney could help you establish premises liability.
Property Owner’s Duty of Care
An owner or manager of a property is legally obligated to ensure that their premises are reasonably safe for those who visit it. If they are aware that there is a hazard on their property, they must provide warning of the danger so that visitors can avoid it. This obligation is known as their duty of care. When a slip and fall accident occurs on someone’s property, a skilled Hicksville attorney can begin to work their way backwards from the incident to determine premises liability.
For example, if someone slipped on a wet floor, a lawyer would first determine if there was a warning, such as a caution sign. If there was no sign, they would determine whether the owner knew about the spill and failed to clean it, thus letting a hazard remain on their premises. Further investigation could then be conducted to discover how long the hazard was there and how often the owner did inspections. These questions are typically the basis of most slip and fall cases involving an element of premises liability.
It is important to understand that an owner is not liable for every slip and fall on their property. The injured party must have been visiting the property legally when they fell, or else they will likely not be able to file a successful claim. Many premises open themselves to the public, such as a store during its open hours, and visitors to that property are considered invited. The owner owes a duty of care only to those that are invited to their property.
When a person is not invited to a property and decides to visit anyway, this is considered trespassing. Since trespassers are breaking the law, the property owner would generally not be held liable for any injuries the trespasser incurs on their premises. In very few cases, it could be possible for someone who trespassed to file an injury claim, but compensation is generally difficult to obtain in these circumstances.
A Hicksville Attorney Could Prove Premises Liability in Your Slip and Fall Case
Slip and fall accidents can cause serious injuries, and the resulting damage can incur high medical costs and significant psychological trauma. If your accident occurred on someone else’s property and failed to warn you of the hazard that caused your fall, you should enlist legal representation right away. A Hicksville lawyer could work diligently to prove premises liability in your slip and fall case and help you obtain compensation for your suffering. Schedule a consultation today.