When someone is injured as a result of unsafe property or building conditions, that is called a slip and fall accident.
Places whereslip and fall accidents usually happen are malls, stores, sidewalks, or any other public or private properties.
Most slip and fall injuries happen because of water, rain, ice, snow, grease or other slippery substance on a walking surface and/or irregularly paved flooring.
The person, who fell may have a right to make a claim for their damages against the owner, renter, or manager of the property.
How much the owner, renter, or manager has duty to protect an person on the land depends on how the person is classified: trespasser, licensee, or invitee.
The business invitee includes people on the land that share some business purpose with the owner, renter, or manager. For example, a person that is a prospective customer in a store, even if the customer does not intend to make a purchase is a business invitee. An employee is also considered an invitee.
Visitors in hospitals and users of public parks, though having no business purpose on the land, are invitees and entitled to ordinary care, which may require active efforts by the landowner, renter, or manager to make the premises safe.
A licensee is someone who’s presence on the land is tolerated or permitted, but who technically does not qualify as an invitee. For example, social guests are usually considered licensees even if the owner, renter, or manager expressly invites the social guest onto his property provided the guest does not stray from the area of the property intended.
Courts are more less likely to find that landowner, renter, or manager owes any duty to a trespasser, as long as the owner, renter, or manager does not wantonly inflict injury upon a trespasser, who does not intend to commit a crime on the property.
Since the law has always recognized the propensity of children to run about, climb and play, so owner, renter, or manager usually owe a higher duty of care to trespassing children.
If you or someone you love has been involved in a slip and fall accident, you should consult an experienced attorney to see if you have grounds for an injury lawsuit. Note, the time you have to file a lawsuit is limited, so it’s to your benefit to not delay.
Feel free to contact our California Law Firm via email at Info@ArashLaw.com or call us at 800-890-7375. One of our lawyers will be happy to assist you with your personal injury case.
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