Posted by callgentry |
Slip-and-fall incidents on private property can be complicated for many reasons. One such reason is that private property owners often contest liability for injuries suffered by someone who tripped or slipped as a result of poor property maintenance or negligence on their property.
Most slip-and-fall actions are governed by state laws related to unsafe conditions on property and requirements property owners must take to protect guests and the general public. If you were injured on private property, before you take legal action, consult the Jefferson City, Missouri, Personal Injury Attorneys at Call & Gentry Law Group to better understand your options and legal rights.
Types of Slip-and-Fall Cases at Private Property
Private property owners have to maintain their premises in a safe condition, and if they do not, they can be held liable for injuries that occur as a result of their negligence. To prove negligence on the part of the owner, you must establish several things:
- The owner had a duty to keep their premises safe;
- The owner breached that duty; and
- The owners’ breach of duty caused, or directly contributed to cause injury.
In order to bring a successful personal injury claim, an injured party must prove all elements (duty, breach, causation, and damages) of a negligence claim.
Determining Liability for a Slip and Fall on Private Property
If you slip and fall on private property, several legal theories other than negligence may apply to your case:
Strict Liability
Many states have enacted “strict liability” laws that can make landowners responsible for injuries resulting from unsafe conditions on their property without the need to prove negligence. Inherently dangerous conditions or operations are often governed by strict liability laws. To conduct a formal analysis of whether any strict liability laws apply to your case, consult an experienced personal injury attorney.
Assumption of Risk/Comparative Fault
Some laws reduce the recovery of an injured party, or completely bar recovery entirely, based on the injured party’s comparative fault or assumption of the risk that caused their injury. Common examples asserted by Defendant property owners in slip and fall cases include: failure to keep a careful lookout, failure to follow warning signs, trespassing, failure to wear appropriate attire, including proper footwear, and/or the failure to select a safe walking path.
Contact a Jefferson City, Missouri, Personal Injury Attorney
If you or a loved one slipped and fell on private property, there are a variety of laws that will apply to the facts of your particular case, and you may be able to recover money damages for medical expenses, lost income, and pain and suffering. If you have been injured, contact the Jefferson City, Missouri, Personal Injury Attorneys at the Call & Gentry Law Group to determine which legal theories and recovery options apply to your case.