At some point in time you may find yourself in the sticky situation where you slip, trip and fall on someone’s property, and in the process, injure yourself. This may have happened due to hazardous conditions on the property.
If you think you tripped and fell on someone’s property because of dangerous conditions, then it’s time to talk to an attorney who has experience in this area of the law. Accidents like this are wont to happen just about anywhere and only a good attorney will be able to advise you whether or not you happen to have a decent case, or – in the spirit of a good legal joke – have a leg to stand on.
If you’re talking about dangerous conditions where you were walking, in most instances you are referring to a failure on the part of the person who owns the land in question (or the proprietor) to offer safe passage on their property. For instance, the site of the accident clearly shows poor maintenance and/or neglect such as broken stair railings, cracked floors, poor lighting, etc. To put this another way, the condition of area where you had your accident was shoddy, and management didn’t immediately fix things, thereby creating an accident looking for a place to happen.
In circumstances such as this the landowner or proprietor may be held accountable for any injuries if it is proven in a court of law that the cause of the accident was negligence. And negligence is what? Negligence is proven when a plaintiff demonstrates that a defendant failed to abide by certain safety rules and that this caused the plaintiff’s injury. Now this might sound fairly simple on the surface, but it rarely is, as the defendant has the right to say whether or not the plaintiff is a trespasser, a licensee or an invitee.
Why would it make a difference what the plaintiff was doing on the property? It makes a difference because it outlines the extent of the defendant’s liability. So, an invitee is there because they were asked to be there and the landowner knew the person was coming. By the same token if a person is invited, that means the property must be safe from all hazards. Invitees might be diners in a restaurant or supermarket customers.
A licensee is a person who is on the landowner’s property for his or her own reasons/purposes, but with the permission of the owner. The only duty due here is that the landowner must warn the licensee about any known hazards that someone there for the first time would not know. The owner isn’t required to fix anything, just warn about the hazards, if there are any.
Logically then a trespasser is there without permission and is not welcome on the property. In this instance the owner isn’t responsible for any accidents, as the owner would not be aware a trespasser was on his or her property.
If you’ve been involved in a slip or trip and fall case, contact a lawyer to find out your eligibility to file a claim.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
