What do you do if you slip and fall at a neighbor’s house? Can you file a personal injury claim?
Slip and fall accidents are one of the most common types of personal injury in the United States. They can take place in a variety of settings, including private residences.
There are many rules and guidelines you need to follow to file a personal injury claim. Continue reading to learn more about slip and fall accidents, their related lawsuits, and what you can do if you suffered injuries at a neighbor’s home.
Slip and Fall Accidents
Slip and fall is a term used to define a type of personal injury lawsuit. As the name implies, it happens when an individual slips, trips, or falls and subsequently suffers injuries in the process.
Slip and fall accidents are extremely dangerous, as they can lead to severe, life-altering injuries or even death. Head injuries and spinal injuries are the two most damaging types of problems that can result from a slip and fall.
Determining liability and negligence in a slip and fall accident depends on the situation. In some instances, an individual and/or organization acted negligently, and therefore is liable for the damages associated with the injured victim.
However, in other examples, liability is not as clear and usually requires legal counsel from an expert in personal injury claims. Consulting a personal injury lawyer is particularly important if you are dealing with an accident that occurred on someone else’s property (i.e., a neighbor).
In general, slip and fall accidents fall under the larger category of personal injury claims known as “premises liability.” Slip and fall accidents traditionally fall under this type of law because the accidents usually occur on property owned and maintained by another individual. For this reason, the property owner may be responsible for your damages.
Premises Liability with Neighboring Lots
Many dangerous conditions can lead to a slip and fall accident. For example, poor lighting at night may lead to a victim stumbling over torn carpeting or an outdoor step. In another example, a victim who is traveling down a narrow staircase may slip and fall after relying on a malfunctioning handrail for support.
It is the responsibility of a homeowner to maintain and keep their property free from hazards. The rules apply to the sidewalk outside a personal property or business, as well. For this reason, homeowners need to keep their walkways free from debris and other hazards.
Premises liability cases that are the result of a negligent neighbor need to be addressed. Slip and fall accidents can lead to hundreds or thousands of dollars in medical expenses. Additionally, you may miss time from work or suffer emotional damages.
Pursuing fair compensation for your injuries through a premises liability claim is often your only pathway to justice. Contact Stewart & Stewart at 1 (800) 33-33-LAW to learn more about how we can assist with your case.
Proving Liability in Neighbor Slip and Fall Accidents
Every slip and fall accident that leads to a personal injury claim is different. The circumstances surrounding the accident help dictate who is liable for your injuries. The court determines liability by observing if another party acted negligently and therefore contributed to your injuries, even if unintentionally.
Neighbors who fail to keep their sidewalks clear from snow or ice, or ignore other safety hazards need to be held liable for their actions. Slip and fall accidents can lead to major, life-altering injuries that may prevent you from performing work duties or enjoying life in the same capacity as prior to the incident.
Speaking with a qualified personal injury attorney will allow you to review your potential case with someone experienced in premises liability law. Slip and fall lawsuits focus on the details surrounding the accident and if the situation could have been prevented in the first place.
In most personal injury lawsuits, the plaintiff must prove that the accident was the result of a “dangerous condition” and the property owner was aware of the dangerous condition yet failed to act accordingly.
There are three benchmarks for determining liability in a slip and fall accident that involved a neighbor:
- The owner/possessor created the dangerous condition.
- The owner/possessor knew the condition existed yet failed to correct it.
- The condition existed for such a length of time that the owner/possessor should have become aware and taken action to resolve the dilemma prior to the slip and fall accident.
Get Legal Help from Stewart & Stewart
If you were injured on a neighbor’s property, Stewart & Stewart is here for you! We regularly assist victims of slip and fall accidents and fight fiercely to secure fair compensation. Contact Stewart & Stewart at 1 (800) 33-33-LAW or reach out online to schedule your free consultation.