The holiday season has arrived and that means family and friends will be visiting for Thanksgiving, Christmas and other festive events. So you should be aware of potential problem areas in your home or on your property.
For instance, that old rug that has needed repair for some time – don’t let that trip up a guest in your home. What about the missing brick on the steps leading to your front door? It could cause serious injury if someone tripped and fell because they didn’t see it.
Duty is what is owed someone who falls while on your property. It can vary depending upon the reason that the person is in your home or business. Under Alabama law, for instance, the least duty is owed to trespassers.
The highest duty owed is a business invitee. This is anyone whom you have invited into your home, and from whom you will receive economic benefit. A clothing party, or a Tupperware party – these are good examples.
These cases usually fall under a broader category known as premises liability, in which it must be proven that the owner of a property did not take the proper care to remove or repair potentially dangerous areas.
There are certain things that must be proven in any slip and fall case, and include:
-The property owner created the condition;
-The owner knew the condition existed but did nothing to repair it;
-The condition existed for such a long period that the owner should have known about it and repaired the damage.
If you are the victim of a slip and fall accident, be proactive in gathering any evidence that may show how and why you fell and injured yourself. Many businesses will quickly remedy and repair the hazard right after someone falls, so your window of opportunity to gather the evidence is small.
There are two types of insurance coverage that can apply to these types of accidents, and the first is liability. In these cases, you must show that the business was at fault, that they knew or should have known about the danger and didn’t remedy it, and that you were injured as a result.
The other type of insurance is no fault, in which case it doesn’t matter who is at fault. This is a medical payments policy, and you will be paid a certain amount for your medical expenses
If you have legal questions, please consult our Online Legal Directory to find and attorney in your area.