Frequently Asked Questions about Premises Liability
When you’re hurt in a slip and fall accident, you have questions. You want to know whether you can bring a case and what you can recover for your damages. It’s important to educate yourself about the law when a slip and fall occurs. When you learn the slip and fall FAQs, you can make the best decisions about your case and have confidence as you pursue the compensation that you deserve. Here are the answers to your slip and fall questions from our Miami slip and fall attorneys.
Slip and Fall Questions – Slip and Fall FAQs
Q: What Is a Slip and Fall Accident?
A: A slip and fall is a sudden fall that gives rise to legal liability for the party that causes the accident. A slip and fall accident is an accident that gives the victim the legal right to demand compensation. Responsibility for the accident depends on the actions of each party and the law that applies to the case. Generally, if a party fails in their duty of care to others and an accident results, that party is liable to the victim for their damages.
Q: What Should I Do After a Slip and Fall?
A: After a slip and fall, you should seek medical care. You should document the scene as best you can with photographs. If there are witnesses, you should get their contact information. When the property owner has a procedure to file an internal complaint, you should make an internal complaint. In addition, the sooner you begin working with an attorney, the sooner you have their expertise to help you preserve the evidence and start your claim for compensation.
Q: Who Is Liable for a Slip and Fall?
A: The party liable for a slip and fall is any party whose actions contribute to the slip and fall. For example, if the property owner doesn’t take sufficient care of the property, and an accident occurs as a result, they may be liable. In addition, another third party may be liable if their carelessness or recklessness contributes to the accident. Anyone whose negligence contributes to the slip and fall may be liable for it.
Q: Can You Sue for a Slip and Fall?
A: Yes, you can sue for a slip and fall. The legal standard to win compensation for a slip and fall is whether the accident occurs because of the actions of the property owner or another party. If the accident happens because someone else isn’t careful enough, you can sue for a slip and fall.
Q: How Do You Win a Slip and Fall Settlement?
A: To win a slip and fall settlement, you must initiate a legal claim. In some cases, you can win a settlement by reaching out directly to the responsible party or their insurance company. But in most cases, you must file a formal legal claim. Once you file your case, you begin to take steps like building the evidence in your case and filing court motions. Along the way of building your claim, you begin settlement negotiations. If you build a strong case and the other side wants to resolve the case without a trial, you can win a slip and fall settlement.
Q: How Long Does It Take to Settle a Slip and Fall?
A: It takes between several weeks and several years to settle a slip and fall. There are a lot of factors that go into how long it takes to resolve a slip and fall like the strength of the case, the amount of damages, and whether either party has insurance. When fault is apparent, and one of the parties has insurance, resolving a slip and fall can happen in a matter of weeks. However, complex cases can take several court appearances over a period of years to settle.
Q: How Do You Prove Negligence in a Slip and Fall?
A: To prove negligence in a slip and fall, you prepare the evidence. You must show the jury how the other side failed to meet their duty of care. You show it by presenting evidence. The evidence might be witness statements, photographs, animated reconstruction, medical evidence, or expert testimony. If your case goes to a jury trial, you can make arguments to the jury that explain how the other side’s actions failed to meet their legal burden of care.
Q: Do I Need a Lawyer for a Slip and Fall?
A: A lawyer can ensure that you receive a fair settlement for your slip and fall claim. Working with a lawyer not only puts your case in the care of a trained professional, but it also takes the pressure off managing your own case when you’re recovering from a slip and fall. An attorney knows what you need to do to maximize your compensation and avoid serious errors that can unravel your case.
Q: What Can I Win in a Slip and Fall Case?
A: In a slip and fall case, you can win fair compensation for your damages. Your damages include your financial losses as well as your pain and suffering. The amount that you win for your slip and fall case depends on the strength of your case under the law, the ability of the responsible party to pay, and the amount of your losses.
Q: How Can a Lawyer Help with My Slip and Fall Case?
A: A lawyer can help you with your slip and fall case by applying their training and experience to ensure that you get fair compensation that you deserve. They prepare your legal documents, build the evidence, and negotiate your slip and fall settlement.
A lawyer advocates on your behalf to ensure that you get the maximum compensation that you deserve. Even if you deserve compensation for a slip and fall, you have to take the right steps to win your case. A lawyer has the training and experience to apply to your case to ensure that you win a fair amount for your case.
Premises Liability Questions – Premises Liability FAQs
Q: Can a Tenant Take Their Landlord to Court for Failure to Maintain the Rented Premises?
A: Yes, a tenant might recover from his or her landlord under three different legal theories. The first is the concept of the “implied warranty of habitability,” which establishes a certain minimum level of “habitability,” or providing adequate shelter from the elements. Next, many state or municipal landlord-tenant ordinances permit tenants to seek court orders if the landlord fails to maintain the premises.
Q: If Someone Falls and Hurts Themselves on a Hotel’s Premises, Do They Have Any Recourse Against the Hotel?
A: A hotel might be liable if someone slips or trips and falls on hotel premises. For example, if someone slips on spilled food or drink in a hotel bar or restaurant, snow and ice that has not been cleared from a walkway, or on wet tile floors or other slick surfaces, the hotel might be liable if it knew or should have known about the danger and failed to warn visitors or clean it up. A hotel could also be liable if someone is injured because of a design or building flaw (such as steps that are too steep) or the hotel’s failing to light an area properly.
Q: Can a Hotel Be Held Responsible If Someone Is the Victim of a Crime at or Near the Hotel?
A: A hotel cannot be held liable for crimes committed on or near the hotel unless it should have anticipated the crime (for example, the hotel is in a very high crime area) and could have prevented it, either by providing sufficient warnings or taking better security measures. In such situations, the hotel’s general duty to warn you about dangerous conditions may extend to a duty to warn about crime in or around the hotel. Furthermore, the hotel’s actions such as failure to install proper locks on windows and doors, provide adequate lighting in parking areas or take adequate measures to ensure that passkeys are not used by criminals may make the hotel at least partially liable.
Q: Can a College or School Be Held Liable for an Attack on a Student That Occurred on Campus?
A: A student attacked on a college campus might have a negligence action against the college. In a developing area of premises liability law, courts have found entities such as universities, motels, convenience stores and shopping malls liable for attacks because they did not exercise reasonable care in preventing victims from being harmed by a third person. In general, a hotel must provide adequate security and not permit people to loiter. In a case involving a college campus, a court would look at the facts and ask whether similar attacks had occurred previously in the same area. If so, the court would ask what security precautions the college had taken, and might find that the steps taken were insufficient, holding the college liable.
Q: If Someone Falls on a Broken Piece of a City Sidewalk and Is Injured, Can They Sue the City?
A: In many states, statutes giving local governmental entities immunity prohibit recovery in many kinds of cases against cities or towns. If there is not such a statute or ordinance in place, however, someone may have a case against the city. Municipalities have a duty to keep streets and sidewalks in repair. An injured party might have a successful case against the city if he or she can show that it failed to maintain the sidewalk properly. There are very important deadlines and requirements for giving municipalities notice of such claims, however, about which a lawyer should advise you.
Q: Can Someone Attacked After Withdrawing Money From an ATM Hold the Bank Responsible for the Attack?
A: Under the legal theory of premises liability, customers have sued banks for failing to protect them from assault at ATMs. While there used to be no duty to provide security against such crimes, a duty has been recognized by the law in recent years. In such a case, a judge or jury would determine if there were past attacks and if a likelihood of a crime was foreseeable. If so, they may hold that the bank had a duty to protect people using that machine, and find the bank liable.
Q: Do Building Owners Have to Have Safety Precautions, Such as Sprinklers and Posted Escape Routes, in Case of Fires?
A: Building owners and/or management are required to exercise reasonable care to prevent injuries in case of fire, and should help people on their properties escape, which would probably include having sprinklers and posted escape routes.
Q: Who Is Liable If a Person Is Injured While Walking on a Public Sidewalk Next to a Construction Site, on a Brick From the Site?
A: In some circumstances, the injured person will be able to recover damages from the construction company, which has a duty to take reasonable steps to keep public sidewalks near its construction site free from bricks and other debris. If the company fails to remove such obstructions and someone trips and falls, the company may be liable. Construction companies should also tell pedestrians they could get injured if they stray from the sidewalk. Posting a sign is usually not enough. If a company fails to place barriers and warning lamps by a building pit, for example, it may be responsible if anyone falls into it and gets injured.
Q: What If Someone Gets Injured While at the Home of a Neighbor, Who Invited Him or Her There for a Party?
A: Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about, or correct, any dangerous conditions that guests are unlikely to recognize. For example, if an injury was caused when a guest tripped on a throw rug, he or she may be able to recover if he/she could prove that the host knew other people had tripped over it and the guest was unlikely to realize its danger. The host probably should have warned guests about it, removed it during the party, or secured it to the floor with tape or tacks.
Contact Our Miami Slip and Fall Attorneys
Have you been hurt in a slip and fall? We know that you have questions. We want you to know what the law has to say about your case and what you stand to recover. At Bernstein & Maryanoff, we fight each day for deserving accident victims.
Whatever your questions, we’re friendly attorneys who are dedicated to helping you and fighting for your rights. There’s no cost to call and speak with a member of our legal team. Call us today for a free, confidential consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.