Dealing with Trip and Fall Injuries

Owners or managers of establishments have the continuing obligation to keep their property safe for visitors, customers or members of the public as a whole. This obligation springs from the fact that they can be held liable for damages should someone sustain trip and fall injury in their premises due to poor maintenance.

Trip and fall injuries arise because of poor property conditions like broken, cracked or uneven pavements. Consequently, the property owner may be responsible for trip and fall compensation claims due to the hazardous conditions of the premises.

When Are Property Owners NOT Liable?

Notably, property owners could not be faulted for every accident on their premises. In these instances, an owner could not be held liable for injuries:

  • Of a victim who is a mere trespasser
  • Of a victim who is acting carelessly and has contributed to his injuries
  • Of a victim who has been notified of the hazardous condition and has the opportunity to avoid it
  • Due to an hazardous condition that did not exist long enough for the property owner to reasonably discover and correct it
  • Caused by a condition which the property owner took reasonable steps to repair.

When IS a Property Owner Responsible for Injury?

In the following instances, however, the property owner is generally liable if:

  • Injuries are due to a hazardous condition caused by the property owner or an employee
  • If the dangerous condition is known by the property owner or an employee and has failed to correct it
  • No reasonable steps are taken by the property owner or an employee to prevent the accident despite knowledge of its existence.

When any of the immediately above instances happen, a compensation claim may be pursued against the owner or proprietor of the premises.

Trip and Fall Accident Injury Lawsuits

Trip and fall accident should be treated just like any other kind of accident. Proper reporting and documentation should be made to make a valid claim. Hence, a victim of this type of accident must:

  • Ask that the property owner or an employee document the accident
  • Get a copy of such documentation
  • Take a photo of the dangerous condition, if possible
  • Have the injury examined by a doctor
  • Obtain legal help

Trip and fall injuries are costing millions in personal injury claims and compensation payments. Victims should consult a premise liability attorney to assess their situation and determine the strength of their allegations.

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