If you are a homeowner with a cracked driveway or walkways, you may think the cracks are not a major problem. However, cracked, jagged and uneven walkways are one of the major causes of slip and fall accidents. This means that visitors and friends coming to your home are in danger of an accident at home… and you are in danger of a slip and fall premises liability lawsuit as a result of your negligence.
What is Premises Liability Law?
Premises liability law in California imposes a duty on homeowners (as well as on anyone else who owns a building or dwelling) to make sure that building is safe for visitors. While homeowners aren’t held to quite the same duty to casual visitors as stores are for paying customers, homeowners still must make sure their premises is reasonably safe for guests.
This means that homeowners must either fix or warn guests about any dangers that they either know or that they should know of if they were reasonably prudent. A cracked walkway or driveway is one such danger. Since cracks in a walkway are usually apparent to a homeowner, that homeowner has a duty to either fix the cracks to make the path safe or to warn guests and otherwise take steps to make sure those guests don’t get hurt.
What if Someone Gets Injured at a Private Home?
If you are a homeowner and you are sued for premises liability as a result of a a dangerous condition, then you can be found liable for damages related to your negligence and you can have to pay damages including medical bills, lost wages, pain and suffering.
If, on the other hand, you are injured- then you are entitled to file a lawsuit. You will have to prove that the defendant homeowner breached his duty of care to you and that the breach actually led to your injuries. You can then recover if the jury finds for you. The jury will determine what damages are appropriate, but at a minimum, you usually will be compensated for the actual expenses you had as a result of the accident.
Getting Help if You Are Injured By a Fall
If you have been the victim of a slip and fall accident at someone’s home, be sure to contact a personal injury attorney as soon as possible. An experienced slip and fall attorney can help you to evaluate the damages owed and can help make sure you recover from the homeowner for the slip and fall accident by making a personal injury claim for negligence at home.
If you have been injured do not hesitate to call our office today for a FREE consultation. 1-877-702-7274
