- June 6, 2015
- In slip And Fall
Falls account for more than 8 million hospital emergency room visits, representing the leading cause of visits. Slip and fall accidents account for approximately 1 million visits. The most common place where people slip, trip and fall are at apartment complexes. Determining who is responsible for these accidents is imperative in helping victims obtain compensation.
Interestingly, the property owner may not be the only party responsible, or liable, for an injury resulting from a slip and fall accident that takes place in an apartment building or apartment complex. In some instances, when a slip and fall accident takes place in an apartment building or apartment complex, there can be multiple parties responsible for the same accident.
Holding the Property Owner Responsible for a Slip and Fall Accident
If you are injured on someone else’s property, you can hold the property owner liable for your damages if you can prove the 4 elements of premises liability:
- The injured person slipped, or tripped, and fell on the property in question.
- The property owner had a duty to protect the injured person from harm.
- The owner breached that duty, by allowing a dangerous condition to exist.
- The injured person suffered verifiable damages.
Holding Multiple Parties Responsible for a Slip and Fall Accident
Sometimes, there can be multiple parties responsible for the same accident. In such instances, the property owner may not be the only party liable for a slip and fall injury. In addition to proving a property owner is liable, as described above, some additional liable parties can consist of the following, depending on each slip and fall instance:
- The property management company
- A tenant leasing, or sub-leasing, the property
- A contractor, or sub-contractor, working on the property
- Other agents and employees of the property owner, such as a real estate agent
Recovery Limited to Invitees and/or Licensees
In some states, the law does not protect trespassers, who have no legal right to be on the property. Trespassers are typically unable to recover compensation for their injuries because they did not have permission to be at or on the property in the first place. Alternatively, an invitee (business guest) or a licensee (social guest) may recover compensation for their injuries. The basis for their recovery is that the invitation is made for a mutual benefit, whether it is social, financial or otherwise.
Causation is an essential aspect to any slip and fall case, and it is considered to be the glue that connects all the elements of a slip and fall claim together. Causation is considered by some as the most difficult element to prove, and often, slip and fall lawsuits can be won or lost on causation issues. While an injured party may easily prove the other elements (duty of care, property ownership, and foreseeability), without proving what actually caused the injury, a slip and fall claim would be considered questionable.
All the factors described above demonstrate the importance of hiring a capable and knowledgeable personal injury lawyer that can obtain a settlement that will compensate you for your damages. To ensure you obtain the full compensation to which you are entitled, you should consult with an experienced personal injury attorney as soon as possible.
Call Us Today!
For more information or to consult with an experienced slip and fall attorney, please call the Law Offices of Samer Habbas at 1-800-848-5048 to schedule a free consultation with our legal team today.