Slip-And-Fall Claims - FAQs

1. What is occupier's liability?
2. I have been injured on someone else's property. What should I do?
3. Should I take any photos?
4. What duty of care does a property owner have?
5. How will it be determined that I have a case?
6. What are the legal elements of Occupier's liability?
7. What other damages are recoverable in a premises liability case?
8. Should I hire a personal injury lawyer?


1. What is occupier's liability?

Occupier's liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property, like a slip-and-fall incident.


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2. I have been injured on someone else's property. What should I do?

First, immediately make provision for your safety and health. If you are injured, make sure that you seek medical attention. If you are able, try to obtain the following information and immediately consult a personal injury lawyer:

  1. The name and address and of the owner of the property

  2. The name and address of all witnesses to the accident or who may have seen you lying on the ground
  3. The name and address of all persons to whom you have reported the incident

  4. Some pictures of the area or objects that caused your fall


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3. Should I take any photos?

Yes. The condition of the premises at the time of the injury will be a pivotal issue in resolving any claim and photos can document that condition. Also, take photos of all physical injuries you have sustained (such as bruises, scrapes, lacerations, etc.).


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4. What duty of care does a property owner have?

This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner's duty of care is the highest with a business invitee while the lowest duty of care is to a trespasser.


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5. How will it be determined that I have a case?

If the following can be proved, you may be able to file a successful lawsuit:

  1. The property owner was "negligent", which means that the property owner breached the legal duty owed to the injured individual;
  2. There is causation, meaning that the property owner's specific acts of negligence caused the injuries; and
  3. As a result of the property owner's negligence you suffered losses.

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6. What are the legal elements of occupier's liability?

The injured party must prove that the defendant was negligent toward them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.


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7. What other damages are recoverable in a premises liability case?

Generally, a plaintiff will be able to recover all economic damages (income loss and medical and other expenses etc), incurred resulting from the occurrence. Many times noneconomic damages are also awarded (i.e., pain and suffering, loss of enjoyment of life, inconvenience, etc.).


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8. Should I hire a personal injury lawyer?

Yes. If you have been injured in a premises accident, including a slip-and-fall accident, it is advisable to immediately consult a personal injury lawyer. The insurance company for the property owner is not your ally regardless of how cooperative or friendly it may seem. That insurance company has lawyers and other resources to try to defeat any claim you assert. In order to be on equal footing, you need to have an injury lawyer on your side. Early consultation with a personal injury lawyer can also help your case in that your lawyer may be able to help investigate and document your case. Sometimes a delay results in witnesses and evidence disappearing or becoming more difficult to obtain. The opposing insurance company will be aggressively investigating your case and you need someone doing the same for you. Please contact our firm to schedule your free initial consultation.


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