If you visit someone else’s property, you have the right to expect that it will be a reasonably safe place for you to be. Unfortunately, that’s not the case in every situation. Sometimes, property owners don’t maintain their space as they should and they put guests at risk.
If unsafe property conditions cause you to experience a slip-and-fall, you have legal rights. You may be able to pursue a claim to recover any economic and non-financial losses that resulted from your injury. You need to understand how the law works, though.
Miller & Steele Law Firm is here to help you. We’ll work with you from day one to navigate the legal system and maximize the compensation you receive after a tragedy so you can move on with your life. Contact us today at (760)-439-2210 to schedule a free consultation with a Vista slip and fall lawyer to find out how we can help you.
What Causes Slip and Fall Accidents to Occur?
Slips and falls usually happen as a result of certain problems in a location you are visiting such as:
- Slippery floors
- Broken tiles
- Uneven flooring surfaces
- Narrow and poorly lit walkways or aisles
- Dirty floors with debris in walkways
- Wet floors without proper warnings
- Stairs with broken railings or problems with the treads
These are just a few of many issues on a property that could create an unsafe condition that causes you damage. You’ll always want to take careful note of conditions in an area where you fell, ideally taking pictures when possible so you have evidence of the issues that caused your fall.
Who Can Be Held Accountable for Slip and Fall Accidents?
Property owners and those renting a property who are responsible for maintaining it can both be held accountable if a slip and fall accident happens. The key, however, is that they must have failed in their obligation to you in order to be liable for your losses.
There’s a simple test, explained in Rowland v. Christian (1968) 69 Cal.2d 108, that is used to determine if a property owner let you down by failing to exercise reasonable care. You need to determine “whether in the management of his property… [the owner or occupier]… has acted as a reasonable man in view of the probability of injury to others.”
In determining what was reasonable, your own reason for being on the property matters as property owners have a higher obligation to come to guests than to others.
A Different Duty of Care Is Owed Depending On The Visitors Status
Visitors can be divided into three distinct groups, each of whom is owed a different duty by a property owner or occupier.
These groups are trespassers, who are owed the lowest duty of care; licensees who are owed an intermediate duty of care; and invitees who are owed the highest duty.
In general “a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them,” according to Rowland v. Christian.
The Vista personal injury lawyers at Miller & Steele Law Firm can evaluate your reasons for being on the property, help you understand the duty the property owner had to you, and assist you in proving that they fell short and that you were hurt because of it.
Contact A Vista Slip and Fall Lawyer Today
You have just two years from the incident to make your slip and fall claim, so contact Miller & Steele Law Firm as soon as possible. Our dedicated legal team will get right to work gathering evidence and building your case to get you the maximum compensation available based on your losses. Give us a call at (760) 439-2210 to speak with a Vista slip and fall attorney to learn more.