How Premises Liability Can Affect Slip and Fall Accidents
As a licensee or invitee, the premises liability owed to you by a property owner is quite high. Licensees are people invited onto the premises for reasons other than transactions, like for a social call. Invitees are those who are invited onto the premises for a business transaction, like patrons of a store. This distinction is important when a slip and fall accident occurs on someone’s property.
Your invitation onto someone’s property may be expressed, or simply inferred, like when a store has an “Open” sign. If there is neither an explicit or implicit invitation, you may be considered a trespasser, who would not benefit from premises liability. As long as you weren’t trespassing on another’s property then you can expect the customary level of consideration for your safety.
Reasonable considerations for your safety involve the basics in upkeep and repair—fair warning on hazards, clean floors free of debris and functioning appliances—that are generally agreed upon by society. For example, a liquor store owner has a responsibility to check their floors for spills from broken bottles, leaking coolers or precariously placed stock. This responsibility to provide you with a safe shopping environment falls under premises liability in the event of a slip and fall accident.
Indoor venues are held to a basic set of rules for cleanliness and repair of which all property owners should be aware. Different types of venues have different sets of codes and regulations applied to them, so it would be in your best interest to contact an experienced Louisiana personal injury lawyer to do some research about your specific accident location.
Premises Liability Hazards
Below are a few examples of hazards that can contribute to slip and fall accident liability:
Floor Hazards
- Absence of warnings (signs, barriers) for wet floors
- Excessive use of wax or polish
- Uneven application of waxes or polishes
- Application of floor treatment (wax, polish) to an incline
- Failure to use “non-skid” products
- Torn, worn, bulging carpeting
- Detritus in carpeting
Dangers on Stairs
- Rounded or worn edges
- Detritus (trash, construction materials)
- Missing or broken handrails
Escalators and elevators can cause slip and fall injuries too. A property owner’s premises liability for these passenger service vehicles extends to things like mechanical failures or sudden stops and starts (“jerks”) during the ride. Check with an experienced Louisiana personal injury lawyer to see if your accident would be classified as a slip and fall case, or something else, like if you were hurt on an elevator or escalator.
Contacting a Louisiana Personal Injury Attorney
After a serious accident, while you are dealing with injuries, medical bills, and insurance companies, it’s important to have someone working on your side.
Speaking with an experienced Louisiana personal injury attorney after a slip and fall accident can help you understand your legal rights and options, and if necessary, help you file a Louisiana personal injury lawsuit to help you recover compensation for your losses.
The Louisiana personal injury lawyers at the Law Offices of J. Price McNamara can help you recover damages for medical bills, ongoing medical treatment, property damage, and other accident-related expenses. Contact us to schedule your FREE legal consultation today – (866) 248-0580.
Baton Rouge 225-201-8311
Metairie 504-458-8455