When you enter a business, a private residence, or a public space, you do not expect to become injured while on the premises. Unfortunately, there are many hazards that can cause a slip and fall accident and result in injury while on someone else’s property.
According to the National Floor Safety Institute (NFSI), approximately one million people visit the emergency room every year due to slip and fall accidents. Approximately five percent of these individuals suffer bone fractures, which are considered very serious injuries. If you have been hurt on someone else’s premises, it is critical that you speak to our Spartanburg slip and fall lawyers today.
Common Causes of Slip and Fall Accidents
There are a number of hazards that cause slip and fall accidents. In most cases, these hazards are a direct result of the property owner’s negligence. The most common causes of these accidents include:
- Wet floors: Floors can become wet from leaks, spills, recent mopping, and more. Locations that have polished or smooth floors, such as restaurants, supermarkets, and commercial buildings, are particularly susceptible to accidents when the floors are wet.
- Insufficient lighting: Insufficient lighting in stairways, walkways, or parking lots greatly reduces visibility and increases the likelihood of a slip and fall accident.
- Missing or broken steps: Missing or broken steps are a serious structural hazard and can potentially cause individuals to slip and fall.
- Uneven or broken sidewalks: Uneven or broken sidewalks pose a large risk to pedestrians. Gaps, cracks, and uneven pavement are a few sidewalk hazards that can cause people to slip and fall.
- Uneven flooring: Uneven flooring encompasses surfaces with bumps, cracks, or depressions that can increase the chances of a slip and fall occurring. These conditions are most prevalent in outdoor walkways, aging buildings, and areas that are not properly maintained.
- Cluttered walkways: Walkways cluttered with objects or debris pose hazards that increase the chances of a slip and fall occurring. These conditions are most often present in construction sites and homes without sufficient storage.
- Broken or missing handrails: The handrails on a staircase are of utmost importance. Not only do they help people maintain balance, but they also provide some protection if a person slips on the stairs. Missing or broken handrails can make a fall on stairs significantly worse and the risks increase when there is insufficient lighting or when people have limited mobility.
After a slip and fall, you may suffer serious injuries. At first, you may not even know what caused your fall. Our Spartanburg slip and fall attorney can investigate the matter and determine what caused your accident so you can hold the appropriate party accountable.
Where Do Slip and Fall Accidents Occur?
A slip and fall accident can occur anywhere, but some areas are more common than others. The most common locations for slip and fall accidents are as follows:
- Private walkways
- Public sidewalks
- School playgrounds
- City parks
- Grocery stores
- Roadways
- Lobbies of businesses
- Office hallways
- Parking lots
- Steps, stairs, and porches
The location where your slip and fall occurred is very important in your claim. For example, if you slipped and fell in a business, you may be able to claim more from their insurance company than you could from a private homeowner’s insurance policy. Additionally, if you slipped and fell in a city park, you may have to file a claim against a government entity for compensation. These claims have vastly different rules than other personal injury claims. Our Spartanburg slip and fall lawyers can advise on the procedural rules, and the compensation you may be entitled to, depending on where you fell.
Who is Liable for a Slip and Fall?
Determining liability for a slip and fall largely depends on whether the property owner was in control of the premises or another occupier. For example, a real estate investor may live thousands of miles away from the grocery store they rent out to a business.
The above is just one example of renters and landlords. When a property is rented out, it can make determining liability for a slip and fall much more complex. Property owners who are in direct control of a premise can be held accountable for paying damages after a slip and fall accident.
Tenants who occupy a premises are often responsible for certain maintenance on the property while landlords are responsible for other types of maintenance. In these instances, the lease often needs to be reviewed to determine whether the owner or occupier is liable.
Visitor Status and Slip and Fall Accident Cases
Not all visitors to a property are classified the same way. Your visitor status when you enter a property will greatly impact your slip and fall claim.
Property owners owe the highest duty of care to invitees. Invitees are people who are invited onto a premises for the benefit of the property owner or occupier. Customers who visit a business are the most common example of invitees. Property owners must ensure that their premises are as safe as possible for invitees by inspecting the location regularly and repairing hazardous conditions. When a dangerous condition cannot be repaired right away, property owners have a legal obligation to warn invitees of the hazard.
Licensees include visitors to a property who are on the premises for their own benefit. Social guests are the most common type of licensee. Others, such as mail delivery people, are also considered licensees. Property owners do owe a duty of care to licensees, but the duty does not reach the same level as invitees.
Trespassers are individuals who do not have consent to enter another person’s property. When an adult trespasser is injured in a slip and fall, they are not entitled to receive any damages, even if a dangerous condition existed on the property. However, property owners also cannot intentionally try to harm trespassers.
Children who trespass are treated differently than adults under the law. When an attractive nuisance, such as a trampoline or swimming pool, exists on a premises the property owner has a legal obligation to secure it and ensure children cannot enter the property unknowingly. When a child enters a property and is hurt by an attractive nuisance, the property owner can be held liable.
Our Slip and Fall Lawyer in Spartanburg Provides Sound Legal Advice
If you have been hurt on someone else’s property, you may be able to claim compensation. These cases present a number of challenges, however. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg slip and fall lawyers can overcome these challenges and prove your case so you obtain the full and fair compensation you deserve. Call us now at 866-MCCRAVY or contact us online to schedule a consultation and to get the legal advice you need.