Slip and Fall vs. Premises Liability: What’s the Difference?

We all know that accidents can happen; however, the incident may have occurred on another person’s property due to the negligence of the property owner. You may have heard of two legal terms regarding injuries sustained on another person’s property: slip and fall and premises liability. So, what do these terms mean and how do you know if one might be relative to your specific incident? Here’s information on slip and fall cases and premises liability issues and how each one is relevant in personal injury matters:

What is Premises Liability?

Premises liability is the legal responsibility of property owners to ensure that their property is safe for visitors. This responsibility also extends to occupiers of a property. In order to determine liability if an injury occurs, this all depends on the type of visitor who sustained the injury. Individuals could be invitees, licensees, or trespassers. Here’s the duty of care owed to each individual by the owner of the property:

• Invitees: The highest duty of care is owed by property owners to invitees. The duty of care may include addressing any hazardous issues promptly and ensuring that the property is regularly inspected. An example of an invitee would be a store customer.
• Licensees: A lesser duty of care is owed to licensees than invitees. An example of a licensee may be a visitor at your home. With a licensee, you owe them a duty to fix any known dangers on the property. In the least, you should warn your guests about the issues if you’re unable to fix them before they come over.
• Trespassers: A trespasser is someone who enters your property without your permission. These individuals have a limited duty of care afforded to them; however, there may be certain circumstances where there is a duty of care, such as in the case of a child trespasser.

Liability isn’t always a certain result. However, if the property owner neglects their duty of care, they may be held liable for injuries that occur.

What is a Slip and Fall Case?

A slip and fall accident is a type of premises liability case. This occurs when someone falls on another’s property as the result of a hazardous or unsafe condition on the premises. Some examples of properties that may be involved in premises liability cases include shopping centers, grocery stores, retail shops, and residential complexes. 

What Types of Conditions Can Cause Slip and Fall Incidents?

There are quite a few different conditions that can lead to slip and fall incidents and resulting injuries. From wet floors to insufficient lighting, these are issues that should be addressed right away and, if not, may lead to liability on the part of the property owner if injuries occur as a result thereof. Here are some examples of conditions that may lead to slip and fall incidents:

• Poor signage: If there are any hazardous conditions on the property, the owner has a duty to put up proper signage to warn individuals of the dangerous condition.
• Bad lighting: Broken, burnt out, or inadequate lighting can create a dangerous situation for individuals who are walking on a property. A property owner has a duty to ensure adequate lighting.
• Wet floors: Wet floor situations can occur; however, it’s imperative for the property owner to clean up the wet floor right away and put out signs that the floor is wet.
• Debris on the property: Debris and clutter on a property can create a hazardous situation. If a sidewalk or other type of walkway is covered with boxes and other types of debris, this can cause a tripping hazard and be potentially dangerous.
• Unaddressed natural conditions: Certain natural conditions, such as ice and snow, can create a precarious walking situation that may cause individuals to slip and fall.
• Broken steps and railings: Broken steps or faulty railings can cause people to lose their balance and fall. These hazardous conditions should be taken care of as soon as they are spotted by the owner of the property.

What to Do in the Case of a Slip and Fall?

If you slip and fall on someone’s property, there are certain steps you should take to ensure you protect your rights, including the following:

• See a medical professional: If you fall and sustain an injury, seek medical attention right away. Also, make sure you see a healthcare professional if pain occurs after the day of the fall.
• Take notes of the incident: Make a note of the details of the incident as soon as possible while it’s still fresh in your mind.
• File an incident report: It’s important to file an official incident report where all of the information can be documented.
• Notify the property owner: Let the owner of the property know an incident occurred on the premises.
• Speak with witnesses: Speak with any witnesses to the accident and get their contact information should you need it later.

Contact Parks Law Firm for Personal Injury Matters

If you slip and fall on someone’s property and need legal advice, contact Parks Law Firm.  Our professional team can help you with your legal matters in the Dallas-Fort Worth, San Antonio, and Houston areas. Protect your rights by speaking with a legal professional to find out how to proceed in a slip and fall case.

Call the Parks Law Firm today at 877-954-1181 for more information about how to protect your legal rights!