Who’s at fault for your slip and fall accident?
Posted January 15th, 2014 by Anthony Carbone, PC.
Categories: Personal Injury, Premises Liability, Slip and Falls.
Not all slip and fall accidents are caused by just a spot of ice. Sometimes you can be in a dangerous part of the property such as a crumbling building when you have your accident. This type of accident is called “premises liability” and they can happen anywhere, either your office, your friend’s house, or even in a public parking lot. There can be several causes for injury on a property, such as bad design or poor maintenance. But the question is: Who is legally responsible for the accident?
To figure this out, you must remember the following guidelines:
- The owner of the property is legally responsible to keep the property safe. Since the owner is the one who has total control over the property, then they are responsible for his/her visitor’s safety.
- The visitor must conduct themselves normally on the property. For example, instead of using the stairs, you decide to slide down the handrail. However, the handrail isn’t made to hold your weight and breaks under the pressure. You fall and break your arm. Although the owner of the property is responsible for the upkeep of the building, you are the one is responsible for the injury since you behaved inappropriately.
The same rules also extend to employees who are injured on an employer’s property. But remember, this is considered a workers’ compensation claim and not a personal injury claim. However, let’s say you’re the employer and your employee is injured on a client’s premises, you can file a claim against the property owner.
Did you slip and fall? Jersey City personal injury lawyer Anthony Carbone is prepared to help you! Contact us today for a free consultation and then click here for more information.