According to the National Center for Health Statistics, medical consults related to falls totaled nearly 13 million in 2011. A property owner or occupier must maintain the property in such a way as to not cause an unreasonable risk of harm to another. The status of an entrant on the land determines the responsibility of the occupier in reference to warning him or her about dangers on the property.
Type of Entrant Determines the Property Owner’s Duty of Reasonable Care
Licensees refer to individuals who are invited onto the property but enter for their own benefit. For example, party-goers are considered licensees. A licensee is owed a duty of reasonable care and must be informed of any potentially dangerous condition of which the possessor is aware.
Invitees enter the property with the permission of the occupier and for the benefit of the occupier. A customer is considered an invitee. An invitee is owed a duty of reasonable care and must be informed of any potentially dangerous conditions of which the possessor is aware as well as conditions that should be known.
Trespassers are not invited by the possessor. The possessor does not owe a trespasser any duty with regard to the property’s condition; even so, there are times when a trespasser files suit.
Premises Liability Suit Brought by an Invitee
An invitee must be able to prove several things, including that a dangerous condition on the property caused an unreasonable risk of harm to him or her, that the possessor knew about or should have known the condition existed through ordinary care, that the possessor failed to warn the invitee of, remove or fix the hazardous condition, and that the invitee sustained injuries due to the negligence of the possessor.
Certain Locations or Conditions Increase Fall Risks
Fractures are the most common type of injury sustained due to a slip, trip or fall. There are certain locations or conditions that increase the risk for an individual to fall.
These areas include:
- Icy and wet sidewalks
- Store entrances
- Cluttered stores
- Uneven and/or unstable tables or surfaces
- Areas that are likely to be wet or are prone to spills
If an individual sustains injuries due to the negligence of another, he or she may be able to file a premises liability lawsuit. Any individual who believes he or she has sustained injuries from a slip, trip and fall accident due to the negligence of another should contact our office today.