The Colony Slip and Fall Lawyer

Basics of Trip and Fall Lawsuits

In a slip and fall case, the claimant generally must prove three elements to prove premises liability. First, the injured party must establish that the property owner owed a legal obligation to take certain precautions toward the claimant. For claimants invited onto the defendant’s property for personal or business reasons, the defendant must make a reasonable inspection of the property and protect them against hazards that are or should be obvious. Defendants owe fewer duties toward individuals they do not invite onto their properties. However, the defendant may not willfully or wantonly injure a trespasser.

Next, a claimant’s evidence must show that the defendant violated these obligations by committing a careless, reckless, or willful act. This element may be satisfied by a showing that the defendant:

• Failed to clean up a spill or mess on the floor promptly
• Did not repair an uneven walkway or dangerous stairway promptly
• Set a “spring trap” or other device designed to maim, injure, or kill others
• Failed to fence, rope off, or limit access to hazards like swimming pools

Last, the claimant must connect the defendant’s actions or inaction to their injuries and the compensation they are seeking. If the injured person would have suffered the same harm or losses regardless of the defendant’s behavior, then their suit will likely fail. People injured by tripping or falling may wish to work alongside a qualified lawyer in The Colony to evaluate and file their claims promptly.