Who is Liable in a Slip and Fall Accident?

We’ve all seen funny videos of someone flailing as they slip on ice. Most of us have probably experienced a bruised hip or tailbone while ice skating or playing outside as a child. But a slippery walkway isn’t always a humorous or minor blunder–sometimes, it can cause a serious injury. This is known as a slip and fall accident.

These accidents are especially common this time of year, when sidewalks and parking lots may be slick with snow or ice. If you’ve been injured on someone else’s property, they may be liable for your damages. Let’s explore premises liability and how Capital Injury Law can help with your slip and fall accident claim.

Understanding Premises Liability in a Slip and Fall Accident

Slip and fall injuries are a part of premises liability law. Under premises liability, property owners are responsible for maintaining safe conditions. If they don’t and someone is injured on their property, they may have to compensate that person for their expenses and damages. 

While a slip and fall accident is typically the most common, premises liability can also include pool accidents, injuries due to insufficient security, animal attacks, and more. Any property hazard that leads to an injury might warrant a premises liability claim. Examples of property hazards include:

• Wet floors without warning signs
• Icy parking lots and sidewalks
• Damaged, loose, or uneven flooring or steps
• Debris or tripping obstacles on the floor
• Unstable overhead items that fall

Is the Property Owner Always Liable?

Just because you’re injured on someone else’s property doesn’t mean they’re automatically liable, though. In some instances, the property owner may not be the one responsible. In other instances, they may not owe compensation if you were partly to blame, or if the hazard was unforeseeable or out of their control.

Duty of Care

Property owners owe different levels of obligation depending on the type of property and why you are on it. For example, stores and restaurants owe a high level of responsibility to their customers, while homeowners owe a more moderate duty of care to visiting friends. There is always some obligation, however–even to trespassers, as a property owner cannot legally create traps and must warn of certain hazards.

Distinguishing Responsibility of Property Owners, Employers, and Residents

While most premises liability claims are made against the property owner, that’s not always the case. Imagine you are injured in a friend’s apartment or a colleague’s rented office. Depending on the circumstances, the friend or the colleague may be responsible for the space they’re renting, rather than the person who owns it.

There are also different considerations for employees who are injured due to property hazards. These accidents are almost always handled through workers’ compensation insurance, not premises liability.

Filing a Claim for a Slip and Fall Accident

After a slip and fall accident, the first steps are to seek medical attention and report the incident to the property owner. Even if it seems minor and you don’t think you are seriously injured, you should still take these precautions. Not all injuries show themselves initially. A report and medical records will be crucial down the road if you do file a claim. If you can, you should also document the scene by taking pictures and getting eyewitnesses’ contact information.

Then, it’s time to determine if you have a successful premises liability claim to pursue compensation.

Determining Fault

Remember–property owners owe different levels of responsibility under different circumstances, and it’s not always the owner who is responsible. To file a claim, you’ll first need to determine who (if anyone) is liable for the accident. If your slip and fall accident occurred at a store due to unshoveled sidewalks, it’s much more likely that you have a successful case than if it occurred at a friend’s house.

Proving Negligence

Once you’ve determined who is legally responsible for the property, you must prove that their negligence led to the injury. Property owners are only liable for risks that they could have reasonably foreseen and prevented. If you tripped on a doorstep but there was nothing wrong with the doorstep, that probably isn’t their fault. But if the doorstep had a loose board or protruding nail that they failed to fix, they may be liable.

Some types of hazards are foreseeable and unavoidable. In these cases, the property owner is responsible for providing a warning. Electric fences must always have a warning sign, for example. Store owners should also use caution signs when mopping the floors so customers don’t slip. If they don’t, these property owners can likely be held liable.

Claiming Compensation

Beyond proving negligence, you must also prove your damages to claim compensation. A slip and fall accident that results in no injury won’t make a successful claim. Medical records are crucial to document the extent of your injuries and claim adequate compensation for your expenses. You may also be compensated for lost wages, ongoing rehabilitation, and pain and suffering.

Why Work with Capital Injury Law for a Slip and Fall Accident

Slip and fall accident lawsuits are far from simple. While you aren’t required to hire a lawyer to file the claim or even go to trial, it’s a worthwhile investment. We help with every aspect of the case, from paperwork and phone calls to court representation. 

Your Capital Injury Lawyer has the experience and skill to build a strong case and maximize your compensation. Most claims are settled outside of court through the property owner’s insurance, but those insurance companies will seek every opportunity to deny your claim or minimize compensation. We don’t let that happen. Our lawyers are skilled negotiators and fight tirelessly for your right to compensation. 

Schedule a Consultation Today!

If you’ve just been in a slip and fall accident and aren’t sure whether to file a claim, give us a call. We’ll review your case in a free consultation to help you determine the best path. Or, if you’ve already filed a claim but are overwhelmed, fighting a denial, or receiving low settlement offers, we can help.
Capital Injury Law is your ally for slip and fall accident claims in Tacoma, WA. Contact us today for a free consultation and take the first step toward the compensation you deserve.