If you were injured on someone else’s property in a slip and fall accident, you may wonder if the property owner is liable for your injury. Victims are often unaware that property owners are held to a legal standard to ensure their premises are safe. This standard is called the ‘duty of care’. Whether a property owner failed to meet the duty of care could determine the success of your injury claim.
What is the Duty of Care?
This legal standard does not only pertain to property and slip and fall accidents. Instead, it generally requires various people and organizations to act with care towards every member of the public they come into contact with.
What determines ‘care’? As with so many legal standards, it all depends on what a “reasonable person” would do. The attention and diligence a reasonable person would give to members of the public they interact with, the law expects this from everyone.
Specifically, in matters of property, a person or organization occupying the property is expected to diligently inspect and maintain the property to this reasonable standard. We call this person or organization the “occupier.”
The occupier cannot assume their property is safe. Instead, they have to perform regular checks, because conditions are always changing. When the occupier is expected to inspect their property may vary on several conditions due to outlier factors such as the weather.
For example, it could be argued that a reasonable occupier would check their outdoor stairways for ice after a snowstorm.
Those who may be considered occupiers, and therefore be responsible for checking the property and resolving any issues they find, may include:
- Residential homeowners
- Apartment managers
- Condominium owners
- Businesses within their store
- Organizations within their office space.
Many other people or organizations may be responsible. If you’re unsure which person or organization is considered the occupier of the property you were injured on, the legal professionals at Zayouna Law Firm can investigate and advise you.
What’s Reasonable in Slip & Fall Accidents?
The success of your injury claim comes down to “what a reasonable person would do to maintain and inspect their property”. So, how do you know whether a reasonable property owner would have taken action to prevent your slip and fall accident?
Other laws and legal precedence inform us of what can be considered reasonable. Personal injury lawyers at Zayouna Law understand the specific circumstances surrounding a claim.
Here are some general signs that indicate a duty of care wasn’t met:
- There were no signs warning of hazards, or the existing signs were insufficient
- Staff were not trained to adequately maintain the property
- Unqualified contractors or builders were hired to deal with hazards
- The property was not routinely inspected
- Snow and ice was not removed from a parking lot, sidewalk, or staircase
- The property was missing basic safety equipment like fire alarms, security cameras, or lighting.
Slip & Fall Lawyers
If you were injured in a slip and fall accident, contact Zayouna Law. We can advise you on every step of your injury claim including specific circumstances, so you receive the compensation you deserve.
Call us at 1-866-929-6862
for a FREE consultation today!