If you have fallen on another person’s property and been injured, you may have a legal claim. We call a Premises Liability case, because the person in charge of maintaining the premises where you fell may be liable for your injuries.
Premises liability claims are not limited to instances where a person slips on liquid and falls (“Slip & Fall”), although those claims are common. In our practice, we also see a lot of “Trip & Fall” claims.
The big question in a trip and fall claim is whether the condition that caused you to trip was open and obvious or a hidden defect. Open and obvious means that if you were paying proper attention (using due care), you should’ve seen the dangerous condition. A hidden defect is one that is just that: hidden. If the defect is hidden, the follow-up question is whether you were warned about the defect before you fell.
For example, to my great chagrin, I have a sunken living room in which you have to take one step down to enter. Although this step is obvious if you were looking for it, it is in an unexpected place and, in my opinion, a hidden defect. You can imagine my stress having this in my home as a personal injury attorney! So, what can I do to protect my guests from falling (and myself from a suit)? Warn my guests. I stand at the step and tell my guests, “There is a step here. It is dangerous. Please look at it and be careful.” Not the best way to start a party, but better safe than sorry.
If you have fallen and are injured due to the negligence of another, you may have a premises liability claim. Please contact the attorneys at Fasig | Brooks to discuss your possible case.