When visiting a neighbor’s house, a local grocery store, or a shopping mall, you should not have to wonder if a property is safe. You certainly do not expect to confront a hidden hazard that could cause you to fall and suffer a severe injury. Unfortunately, individuals suffer devastating injuries yearly in falls on another person’s property.
If you suspect a landowner’s negligence caused your fall, you could file a claim for financial compensation in a personal injury suit. A Newark slip and fall lawyer could review your case and identify what kind of damages you may be able to claim.
Proving Liability After a Newark Slip and Fall Accident
Property owners and legal occupiers, including business tenants, have a duty to maintain their premises. A landowner must use reasonable care to maintain the safety of their properties for visitors, customers, and guests. However, the extent of a property owner’s duties often depends on who enters their property.
According to state law, invitees are people who enter another person’s property with permission and for the mutual benefit of both parties. Invitees, including customers, clients, or contractors, often enter a property for business reasons.
Landowners owe the most substantial duty of care to invitees. For example, they must ensure that their land and buildings are free from hazards that could cause an invitee to slip or trip. Landowners should also regularly inspect their properties to check for unknown dangers that may not be noticeable. If an owner identifies a hazard, they must repair and remove it promptly or warn invitees about the potential harm.
Licensees also have the property owner’s permission to enter a property. However, they generally visit for entertainment purposes. For example, licensees may include social guests or home visitors.
Landowners owe licensees a lesser duty of care. Property owners do not need to regularly inspect their land to identify hidden dangers that could cause a licensee to fall. They simply owe them the duty to not knowingly cause harm to trespassers.
Trespassers enter a property without a landowner’s permission. In most trespassing cases, property owners do not have to ensure the safety of potential trespassers. However, they cannot knowingly cause harm to a trespasser. For example, a landowner cannot intentionally dig holes on their property that might cause a trespasser to trip.
Although property owners are not obligated to trespassers, they may owe a higher duty to children who trespass. For example, a man made object that might attract children is called an “attractive nuisance” and if a child is hurt coming on to the property because of the attractive nuisance, the landowner might be liable for those injuries.
A knowledgeable attorney in Newark could review the details of a claimant’s accident and advise them on what kind of visitor they might be to determine what duty of care a landowner owed them.
Common Reasons Why People Slip and Trip in Newark
There are several reasons why a person might slip on the property of a person or company. Common conditions that could cause a visitor to fall include:
- Wet floors
- Poor lighting
- Electric cords
- Loose or torn carpet
- Potholes in parking lots
- Uneven walking surfaces
- Broken stairs or handrails
- Trash or unexpected obstacles on a floor
- Icy or snow-covered sidewalks, entryways, or parking lots
A seasoned attorney could investigate a hazardous condition on a property that caused a claimant to trip. A legal representative could determine how long the hazard was there and whether the property owner knew or should have known about it.
Meet with a Newark Slip and Fall Accident Attorney
Slip and fall accidents can cause life-altering injuries. It is crucial to have access to quality medical care in your recovery. A successful legal claim for damages could give you the financial resources to pay for the treatment you need.
Reach out to an experienced Newark slip and fall accident lawyer for help with your claim. Call now to learn more about how to get started on your claim.