Slip and fall claims usually fall under premises liability law, which can make landowners responsible for some injuries that occur on their property. Although some falls may not result in significant injuries, the outcome in other cases can be catastrophic and lead to substantial harm.

A Chesterfield slip and fall lawyer could provide you with legal advice if you or a loved one were injured in a serious fall. An experienced injury attorney could guide you through the complex laws surrounding premises liability.

Common Causes of Falling Accidents

Falls can occur in numerous ways and the resulting injuries can be devastating. In severe cases, people can suffer traumatic brain injuries or spinal cord damage. Some common causes of slipping and falling include:

  • Ice and snow-covered sidewalks, walkways, and stairs that property owners have failed to treat or clear
  • Spills, uneven flooring, or torn carpet that business owners fail to warn customers about
  • Unsteady handrails, crumbling steps, and other hazards in the entrances and hallways of apartment buildings
  • Potholes or sinkholes on sidewalks or in public parks

Individuals may sustain substantial injuries from which they never fully recover. These injuries may leave them partially or entirely impaired and unable to return to their regular lives. Therefore, contacting a Chesterfield attorney could be vital in cases of a slip and fall.

Negligence and the Duty of Care

All property owners and managers have a legal responsibility to keep their premises reasonably safe for others to enter. However, the type of third parties who are present determines the level of care that property owners must follow. In other words, not everyone who enters a property and suffers injuries from slipping and falling can recover damages.

Guests who visit a property, whether it is a business or a private home, enjoy the highest duty of care by landowners. Since these property owners have consented to these visitors being present on the property, landowners are responsible for regularly observing and maintaining the premises. If the landowners discover hazards, they must fix them right away or adequately warn guests of the risks.

However, property owners owe licensees, whom property owners have allowed to use or be present on their property, and trespassers, who have no legal right to be on the property, a less stringent duty of care. If landowners are aware or reasonably should be aware of hazards, they must warn licensees of these potential dangers. Property owners owe no corresponding duty of care to trespassers who suffer injuries on the property.

Investigating Trip and Fall Claims

The success of trip and fall claims relies on proof of negligence. Absent clear evidence of property owner negligence, recovery can be challenging. Following a fall, it is important to gather and preserve evidence of landowner negligence.

However, proving negligence can be challenging. If a spill occurred in a grocery store, resulting in a patron falling, store employees may have had no idea that the spill was present. It requires the skill of a local attorney to help prove that a property owner knew or should have known that a slipping or tripping hazard existed and failed to remove it.

Contact a Chesterfield Slip and Fall Attorney for Advice

Some people are at particular risk for slip and falls, such as elderly persons, disabled persons, and people who have difficulty walking. However, anyone can suffer injuries following an unexpected fall. In these situations, consulting a local slip and fall lawyer could make a difference in your ability to fully recover from your losses.

Property owners owe others a duty to keep their land safe when they allow others to visit. If they fail to meet the applicable duty, they may bear responsibility for any injuries that result. Schedule a case consultation with reliable attorneys you can trust.