Understanding Premises Liability Scenarios

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      Slip and Falls

      Understanding Premises Liability Scenarios

      Understanding Premises Liability Scenarios

      If you’ve slipped or fallen and sustained an injury because of it, you may be wondering whether or not the property owner is liable. Whether you’ve fallen in public or private, the answer to the question of liability isn’t always clear.

      Below you’ll learn more about premises liability so you have a clearer sense of your legal rights.

      Hotels and Other Public Places

      If you’re staying at a hotel, they may be liable for certain accidents that happen there. The typical exception to this rule is if you were injured during a crime. Unless the hotel should have foreseen the crime and could have prevented it with improved security or warnings, they cannot be held responsible.

      They may, however, be liable for other issues like slips, falls, or trips over broken or unsafe premises. Wet tiles, spilled food or drinks, and icy parking lots and sidewalks around the outside of the hotel are also common areas of liability. Remember that in order for a hotel to be liable, they must have foreseen the possibility of your injury and done nothing to warn you about it or prevent it.

      You can also apply many of these scenarios to other public spaces. Essentially, if the staff was aware of the danger but didn’t warn you about it with a sign or failed to clean up or fix the issue, they may be liable.

      City Sidewalks

      Whether or not you can sue your city if you slip or trip on a sidewalk depends largely on where you live. Municipalities are required to keep streets and sidewalks in safe conditions, but it’s harder to sue a local government or province. Some have statutes that give governments immunity in these types of cases. You’ll need to check for these ordinances in the place where you live.

      If you sustain injuries after walking on a public sidewalk near a construction site, or trip on debris from the site, you may be able to sue the construction company, as they are required to keep sidewalks near their site safe. If they don’t remove a dangerous obstruction, they could be held liable.

      Neighbors’ and Friends’ Homes

      Depending on how your injuries were sustained, you may be able to recover damages from friends or neighbors. If the host failed to warn you about any dangerous conditions that you were unlikely to notice, you could potentially hold them liable.

      Should You File a Lawsuit?

      Depending on the circumstances around your accident, it may or may not be a good idea to sue. It’s important to remember that if you were responsible for your injuries in any way, your compensation may be reduced. For example, if you failed to notice a hazard that would have been obvious to someone else, you may be held partially or fully responsible.

      If you’re unsure whether or not you should file a lawsuit, the best thing to do is get a consultation from an experienced Slip and Fall Lawyer. They will be able to tell you whether or not you have a strong case. It’s usually worth it to at least get an opinion from a lawyer, since consultations are typically free.
      Now that you know more about premises liability, download our personal injury recovery kit to learn more or call us to schedule a personal injury consultation.

      Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.