Slip and fall accidents are unfortunately quite common, particularly during the winter and spring months when icy sidewalks and slippery surfaces become prevalent. Personal injury lawyers often find themselves handling cases where individuals have suffered injuries due to slips and falls, and one crucial aspect of these cases is determining whether the incident occurred on public or private property. Here's a closer look at slip and fall accidents in these distinct settings:
Public Property:
On public property such as sidewalks, parks, or government buildings, the responsibility for maintenance often falls on municipal authorities. Personal injury lawyers encounter cases where negligence in snow and ice removal by the municipality leads to hazardous conditions or uneven ground or sidewalks/walkways, and/or holes in the ground. Establishing liability in these cases involves proving that the responsible entity knew or should have known about the dangerous conditions but failed to address them.
Private Property:
Slip and fall accidents on private property, including commercial establishments or residential premises, come with their own set of legal considerations. Property owners have a duty to ensure the safety of their premises for visitors and customers. Personal injury lawyers handle cases where injuries result from a property owner's failure to address slippery surfaces, inadequate warning signs, conditions that are in disrepair, or other unsafe conditions. Proving negligence becomes essential in these cases, demonstrating that the property owner knew about the hazard or should have reasonably known and did not take appropriate measures.
Contributory Negligence:
In slip and fall cases, the issue of contributory negligence may arise. Personal injury lawyers may encounter situations where the injured party shares some responsibility for the accident. This can affect the determination of damages. For example, if a person was wearing inappropriate footwear, walking quickly or running, not looking, or ignoring warning signs, their contribution to the accident may be considered.
Navigating the legal landscape of slip and fall accidents on public versus private property requires a nuanced understanding of liability and negligence. If you've experienced a slip and fall injury, contact JEWELL RADIMISIS JORGE LL.P for a consultation.