Premises Liability law is a type of Personal Injury law in which an injury was caused by some type of unsafe or defective condition on someone's property due to the property owner's failure to use reasonable care in connection with the property.

 

In this area of law, like in many others, case law determines whether you have a good claim or case. In previously litigated cases, the courts have determined certain elements need to be present in order to be successful bringing a claim or case against a property or premises owner. 

 

Personal Responsibility 

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Premises Liability claims or cases always have a percentage of personal responsibility built in.  In other words, you will be partially responsible for your fall. Factors such as what you were wearing, what you had in your hands, your weight, and your age at the time of the fall play into the argument for whether the property owner may be liable for your fall and may owe you monetary compensation for your injuries and damages.

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Recoveries 

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In our experience and in general terms, depending on the injuries, slip or trip and fall matters can yield a reasonable amount of financial compensation if negligence is established. However, a large part of these falls turn out to be what the Insurance Adjustors deem “soft tissue injuries" if no fractures or lacerations occur as a result. The cases that yield the most financial compensation are those in which the client suffers fractures, lacerations or any other type of permanent injury.

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There are certain elements that are necessary in order to establish a successful Slip and Fall claim. The factors below are key in determining whether you could have a case and could benefit from being represented by Sid for your fall. 

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Assuming that your fall was caused due to a substance or object on the floor:

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• Was the substance or object on the floor for thirty (30) minutes or more without being cleaned or removed by anyone?

• Did anyone tell you to stay away from the area?

• Were there any warning signs posted near the substance or object?

• Did the owner/employees/agents of the premises have prior knowledge that the substance/object was interfering with the entrance and/or exit of its guests or customers?

• Was the substance or object on the floor for thirty (30) minutes or more without being cleaned or removed by anyone?

• Did anyone tell you to stay away from that area?

• Were there any warning signs posted near the substance or object?

• Did the owner/employees/agents of the premises have prior knowledge that the substance/object was interfering with the entrance and/or exit of its guests or customers?​

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​After the fall: 

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• Did the property or premises owner call for help or assistance for you right away?

• Did the property or premises owner prepare an incident or accident report?

• Is the owner of the premises ignoring you or not returning your calls?

• Is the owner of the premises attempting to deny that your injuries were caused by the fall?

• Is the owner's insurance company offering an insufficient settlement?

 

Other factors to consider: 

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• The type of footwear you were wearing (the least secure is a flip flop and the most secure is a steel-toe boot)

• Whether you were holding anything else in your hands or arms when you fell (purse, items for purchase, etc.)

• Were you able to lessen the impact of the fall in any way?

• The severity of your injuries resulting from the fall​

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