You’ve had a slip and fall accident. At the time, it didn’t feel like much. But now, days later, your back is screaming and in pain and you don’t have full range of motion in your arm. It’s pretty clear; you’re going to need medical care and may have to miss some work. Do you have a case?
When it comes to slip and fall cases, the major buzzword to consider is premises liability. In these cases, successfully proving premises liability will be the determining factor in your winning your case! Premises liability refers to the obligation that a property owner or occupier (a tenant or lessee) has to maintain his or her property and keep it safe or to warn visitors of any hazards found on the property so they can avoid being hurt. Green Law Firm has years of hands-on experience proving slip and fall cases for injured parties! If you or a loved one has been hurt in a slip and fall, let us help right for the compensation you deserve and need!
<h2>The Relationship Between Duty of Care and Premises Liability</h2>
We’ve established that landowners or occupiers are responsible for maintaining a safe environment on the property they oversee. Premises liability states that owners are liable for the state of being on their premises. Next is duty of care. Duty of care is the legal obligation that an individual has to avoid acts (or omissions of acts) that would cause another person harm. Basically, it states that we all have a human obligation of common sense to prevent harm from happening to others.
However, the degree of care property owners are required to show others depends on the relationship between parties. This is normally divided into three categories. The below chart lays out the types of relationships and the level of care property owners have for each.
|Level of Duty of Care Legally Required||High||Medium||Low|
|“Who” is this?||People who are expressly “invited” onto the owner’s property||Persons who are invited onto property but not “trading benefits” with the property owner.||A visitor who comes onto property without the expressed permission of the owner.|
|Examples of this relationship||Friends, relatives or neighbors. Most commonly known for being the level between patrons and businesses.||Salespersons calling on a business. Attendees at a house party.||Someone walking into an abandoned building boarded up or entering a “do not enter” area.|
|What does the property owner owe this person?||It’s the property owners obligation to protect invites from any dangers they know about. They need to inspect and maintain for safety, fix dangerous conditions or warn people about them. For example, a “Caution: Wet Floor” sign outside a bathroom.||Property owners must protect licensees from dangers by warning people about them. They are NOT required to inspect the property or fix potentially dangerous conditions as soon as they know about them.||A property owner cannot create dangerous conditions or exacerbate (make them worse) in order to catch or trap trespassers. They are also not required to fix dangerous conditions or worn trespassers about them.|
Call Green Law Firm for Help With Your Slip and Fall Case Today!
Before you delay another day, remember that deadlines and evidence will play a huge role in your case! While the statute of limitations in South Carolina gives you a (long) three years to file case, what good is filing your case if you can’t support it with evidence? And evidence expires a LOT faster than three years! Evidence can be lost, altered, cleaned up and wiped away. For example, if you tripped over a broken floorboard at a restaurant, the manager might fix the broken floor before anyone else sees it! This would make your case even harder to prove.
In many ways, a slip and fall case is a “he said, she said” battle of proving negligence and the degrees to which both parties are responsible for an accident occurring. Comparative negligence states that a case doesn’t always need to be cut and dry, with a black and white “winner” awarded 100 percent of the compensation. A jury will determine what role, if any, an injured party played in their own accident. Were you distracted while you were walking? Using the cell phone? Property owners will have lawyers who work hard to make sure you receive as little money as possible.
Green Law Firm can help compile the strongest case in your slip and fall accident! An experienced personal injury lawyer will act swiftly and assertively to see that crucial evidence is captured at your accident scene to be preserved for your case. From the time you call Bill Green, a team will be working hard to help you receive the compensation to deserve to cover:
- medical bills and expenses;
- pain and suffering; and
- lost wages due to your injury.
Call us today toll free! Green Law Firm will review your case 100 percent risk-free. Remember, your case costs nothing unless we secure compensation for your injury!