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Key Takeaways
- Property owners, business owners, and managers have a legal duty to maintain safe premises. If they fail in this duty, they may be liable for a slip and fall.
- Other parties who may be at fault for a slip and fall include landlords, tenants, third-party contractors, or government agencies.
- Proving liability in a slip and fall accident involves establishing all elements of negligence.
Slip and fall accidents often happen when a property owner, landlord, or manager fails to maintain a safe premises. If a known hazard led to your fall on someone else’s property, you may be entitled to compensation for your injuries and losses. However, you must identify the at-fault party and establish negligence if you want to take legal action.
Who is liable in a slip and fall accident, and how can you hold them accountable? Our slip and fall attorneys at NST Law know what steps to take to prove slip and fall liability and demand justice for what happened. Contact our team to schedule a free consultation and explore your legal options.
- Who Is Liable for a Slip and Fall Injury?
- How Duty of Care Affects Slip and Fall Liability
- How To Prove Fault in a Slip and Fall Accident
- What if You’re Partly at Fault for the Accident?
- What Damages Can Be Recovered in a Slip and Fall Case?
- How Will NST Law Handle Your Slip and Fall Accident Case?
- Contact NST Law for Help Determining Liability After a Slip and Fall Accident
Who Is Liable for a Slip and Fall Injury?
Depending on what led to your accident, several parties may be responsible for your slip and fall injury.
Property Owners
It’s common for property owner negligence to lead to slip and fall accidents. Property owners have a legal duty to maintain their properties in a safe condition, free from hazards that can lead to accidents. When they fail in this duty, they may be legally and financially responsible for what happened.
For example, a homeowner invites people over, even though their stair railing is broken. Because the owner does not warn guests of the hazard, someone falls and breaks their leg, requiring expensive medical care. In this case, the injured guest can file a slip and fall claim.
Business Owners and Managers
Business owners and managers also have a duty to maintain safe and secure premises for customers. If they knew or should have known about a dangerous condition and failed to warn people or remedy the situation, they may be liable for a slip and fall.
Examples of business owner negligence that can cause a slip and fall accident include:
- Failing to clean up a spill or debris in a reasonable amount of time
- Not blocking off a wet or slippery area after being notified of the situation
- Failing to update or replace poor lighting in a dark parking lot
- Not noticing damaged flooring due to inadequate property inspections
Landlords and Tenants
Whether a landlord or tenant is liable for a slip and fall will depend on who is in control of the area or responsible for maintaining it. Typically, landlords are responsible for maintaining common areas and the building’s exterior. If they fail to do this and it leads to a slip and fall, they could be held liable for the resulting injuries.
However, a tenant may be at fault for a slip and fall if they created a hazardous condition or had exclusive control of the area and did not address a known hazard. Some examples of when a tenant may be liable include:
- A tenant spills a drink but fails to clean it up or report the incident.
- The unit’s balcony rail is broken, and the tenant fails to request a repair or warn guests.
- The tenant’s carpet is loose, and they choose to ignore the issue.
Maintenance or Cleaning Companies
Third-party contractors or vendors may be liable for slip and fall accidents when they create unsafe conditions. For example, a maintenance company may perform a substandard repair that ultimately results in a person falling and suffering injuries.
A cleaning company may be legally responsible for slip and fall injuries if workers fail to warn people of wet floors, do not clean up a spill in a reasonable timeframe, or leave cleaning equipment in a walkway.
Government Entities
If a slip and fall occurs on public property or in a government building, the public agency or municipality may be liable for resulting injuries and damages. The public entity could be held liable if it failed to maintain the property in a safe condition, causing the slip and fall accident.
However, claims against the government are complex because they may require notice to the agency or have different deadlines. Speak with an experienced slip and fall lawyer in your area to learn more.
How Duty of Care Affects Slip and Fall Liability
A property owner’s duty of care is not equal for all visitors. Depending on the visitor’s legal status, the owner’s duty will vary for invitees, licensees, social guests, and trespassers. Here’s how:
- Invitee: Property owners have the highest duty to invitees and must take reasonable steps to correct hazardous conditions and identify potential dangers.
- Licensee or social guest: There is a lesser degree of duty for licensees or social guests. Owners must warn of known dangers that might not be obvious, but are not required to inspect for hazards.
- Trespasser: An owner has a limited duty to trespassers. Depending on state laws, this may include refraining from intentional harm or creating property conditions that are likely to harm trespassers.
However, under the doctrine of attractive nuisance, property owners are liable for injuries to trespassing children if there is something on the property that is likely to attract children and pose a risk of harm.
How To Prove Fault in a Slip and Fall Accident
Proving fault in slip and fall accidents involves establishing all elements of negligence, including:
- Duty of care: First, you must show that the at-fault party owed you a legal duty to maintain a safe premise.
- Breach of duty: If they failed to keep the property safe, they are in breach of their duty.
- Causation: Next, you must establish a connection between the breach of duty and the slip and fall accident. Their failure must have caused your fall.
- Damages: Lastly, your slip and fall must result in damages, such as medical expenses or lost wages.
Essential Evidence for a Slip and Fall Claim
Evidence will help you prove fault and determine who is liable for your losses. Types of evidence that can help with a slip and fall claim include:
- Incident reports
- Photos or videos of the hazard
- Surveillance footage
- Witness statements
- Maintenance records
- Medical records
NST Law has decades of experience handling slip and fall cases in Tennessee, Missouri, Mississippi, and Arkansas. We conduct thorough investigations to gather crucial evidence and build a strong case on your behalf.
What if You’re Partly at Fault for the Accident?
Depending on the state where your accident occurred, you may be eligible to claim compensation even when you are partially to blame for the slip and fall. However, the amount you receive is reduced by the percentage of fault assigned to you.
States like Arkansas and Tennessee apply comparative negligence to slip and falls, allowing victims to recover damages if they are less than 50% at fault. Other states, including Mississippi and Missouri, use a pure comparative negligence system. This means victims can claim compensation when they are up to 99% at fault.
Additionally, states that apply contributory negligence bar victims from recovering damages if they are even 1% at fault.
What Damages Can Be Recovered in a Slip and Fall Case?
If you’re injured in a slip and fall, you may be entitled to economic damages, which are your financial losses, and non-economic damages, or the intangible ways you’ve suffered as a result of the accident.
Examples of damages you can claim after a slip and fall include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Medical expenses
- Cost of future medical care
- Lost wages
- Loss of earnings capacity
Proving the other party’s negligence is critical to recovering compensation. Also, the amount you receive depends on the extent of your damages.
How Will NST Law Handle Your Slip and Fall Accident Case?
Property owners and their insurers will try to blame you for what happened. Our attorneys are well-versed in these tactics and are committed to protecting you from unfair treatment. When you work with our team, we will:
- Complete a full site inspection and investigation
- Gather and preserve evidence that proves what happened
- Interview witnesses and collect statements to support your case
- Identify and calculate the full value of your damages
- Negotiate a settlement that accurately represents your losses
- Take your case to court when necessary
Our team prioritizes compassionate support, open communication, and fierce legal advocacy to fight for the compensation you deserve.
Contact NST Law for Help Determining Liability After a Slip and Fall Accident
Proving liability in a slip and fall case requires establishing negligence. Our knowledgeable slip and fall attorneys will help you determine fault, prove negligence, and pursue justice through legal action.
We are passionate about our clients and the communities we serve. If you or a loved one has been injured due to a slip and fall accident, call us at 800-529-4004 or contact NST Law today for a free consultation.
