We’ve all experienced those embarrassing moments when we’ve tripped and fallen or wiped out on an icy sidewalk. Often, we only walk away a little sore (and perhaps with a bruised ego), although sometimes these kinds of accidents can cause major, even life-changing, injuries. And when that happens as a result of another’s carelessness, it’s a really sad and unfair situation.
Where does the law come in for these kinds of situations? Here’s a quick overview: If someone owns a home or place of business, they’re a property owner (or landowner). Being a property owner comes with responsibility. For example, property owners have a reasonable duty to try to keep certain people safe on their property. The law refers to this as premises liability.
Premises Liability
Common premises liability cases might include:- tripping over a recklessly-placed item or broken sidewalk
- falling as a result of broken stairs or damaged flooring
- slipping on icy or other slick surfaces
- missing a step due to inadequate lighting
Standards of Care
The law looks at what an appropriate standard of care should be for any given situation. For example, if you’re invited onto someone else’s property (this could be a residence or place of business), and you get injured there, the landowner might be liable if:- The landowner knows of, or should have reasonably known about, a dangerous condition on their property that could potentially cause harm.
- Visitors or guests are not likely to discover or realize the danger on their own and therefore wouldn’t be able to avoid or protect themselves from it.
- The landowner doesn’t take reasonable care to protect or warn the invitee from the potential danger.