Slip and fall accidents can leave unsuspecting victims injured and facing piles of medical bills and lost wages while they are unable to work because of their injuries. For that reason, victims of slip and fall accidents should know when a property owner may be liable for the harm suffered in a slip and fall accident.
Elements of premises liability
Liability for slip and fall injuries is based on the presence of a dangerous property condition and the property owner’s knowledge of the dangerous property condition. In addition, slip and fall accident liability is typically based on a dangerous property condition victims could not anticipate. To determine slip and fall accident liability it is generally necessary to establish that:
- The property owner or possessor of the property created the dangerous property condition;
- The property owner or possessor of the property knew of the dangerous property condition and failed to remedy it; or
- The dangerous property condition lasted for a period of time that made it so the property owner or possessor of the property should have discovered it and remedied it.
Establishing a property owner’s liability
Typically, property owners or property possessors have the duty to correct a dangerous property condition they know about, or should know about, or warn potential victims of the danger. In addition, the potential danger has to be foreseeable by the property owner or possessor of the property.
Victims of slip and fall accidents may be able to recover compensation through a claim for damages. Premises liability law provides important protections for victims injured because of a dangerous property condition.