Following a slip and fall, you may be injured and wondering who will be held liable for your losses. Is it the property owner? The answer is: often, but not always. In order to better help you understand premises liability and what it truly means, we have put together this guide.
Be it a hotel, a grocery store, or an airport – public places all hold a certain level of responsibility toward their customers and visitors. So when certain types of accidents occur on their property, they can be held liable for any injuries that have been sustained by the plaintiff. There really is only one main exception to this rule, which is crimes. When a crime has been permitted, the property owner and staff will not be held liable, unless they could have reasonably foreseen it would happen, and could have taken reasonable steps to prevent it.
Accidents they can be held liable for, usually involve hazards on the property, such as slippery floors, damaged sidewalks or parking lots, or otherwise broken or unsafe conditions that could have reasonably been fixed or warned about prior to the accident occurring. If you slipped due to any such discrepancies on the premise, it shows carelessness and negligence of the owner or management in keeping the property safe for people.
Depending on where the slip and fall took place, you may be able to file a lawsuit against your city. Suing a province or local government, however, can be a difficult process. Though they are obligated to uphold safe conditions on their sidewalks and streets, some may have statutes put in place which grand them immunity in such cases.
A slip and fall, or trip and fall, which results from debris or other unsafe conditions surrounding a construction site, may make you eligible to file a lawsuit against the construction company, since they are legally obligated to uphold safety standards for surrounding sidewalks and streets. As a result, any remaining obstructions or hazards that should have been removed, can make them liable if injury occurs.
Property of Friends, Family, Or Neighbors
You could recover compensation from neighbors, friends, and family, depending on the circumstances. Cases in which they neglected to warn you of a hazard, for example, broken stairs, non-removal of snow could be grounds for a lawsuit. You might still want to discuss your case with a personal injury lawyer in Lindsay before you file for compensation.
Should You Sue?
That is entirely dependent on the factors surrounding the accident. For one, if you are found to be partially to blame for the accident, you could already have your compensation significantly reduced. However, you can, and should, always consult a lawyer in order to earn some clarity on the matter.