- Can You Sue Over a Slip and Fall on Private Property?
- January 8, 2013 | Author: Jeffrey H. Rasansky
- Law Firm: Rasansky Law Firm - Dallas Office
One of the questions that sometimes ends up becoming a problem for people is whether or not they can sue for slip and fall on private property. If you have a good homeowner's policy, and if you take a look at it, you'll likely see that you do have some coverage for legal liability arising from lawsuits over slip and fall or other accidents on your property. This should let you know right away that you can, in fact, sue someone for a slip and fall incident on their property. The key thing to keep in mind is that the slip and fall has to have occurred because of the negligence of the property owner.
What Is Negligence?
Someone who is guilty of negligence either took an unreasonable action that caused someone an injury or failed to take a reasonable action that would have prevented someone from coming to harm. This area of the law can be very complex, which is why personal injury attorneys have to be experts in it. For a layperson, however, there are some easy ways to understand what negligence really is.
Here's an example. If somebody invited you over to their house and getting to their home require that you ascended a stairway with no railings, uneven stairs and slippery surface and you fell and came to injury, that homeowner may well be held to have been negligent by a jury. They failed to take a reasonable action in making their staircase safer and then invited you to come over to their home, putting you at risk and eventually causing you harm.
If somebody had a perfectly safe staircase that any reasonable person would recognize as being so and you ran up and down the stairway until you hurt yourself, it's really not the homeowner's fault. You, in that case, would've been the individual taking the unreasonably dangerous action.
If you need to talk to an attorney about whether filing a lawsuit is appropriate because of a slip and fall injury, most of them will give you a free consultation. This allows you the opportunity to give them your story and to let them determine whether or not it seems like negligence was, in fact, a factor in you coming to harm. If they believe that it was, they may encourage you to file a lawsuit so that you can get compensated for your lost wages, injuries, pain and suffering and other expenses.