Thousands of people are injured each year as a result of tripping or slipping and falling due to unsafe conditions. If you are on someone else’s property, either at their specific invitation or as a member of the public on property open to the public, the property owner is obligated to maintain safe conditions on that property. If safe conditions aren’t maintained and you are injured as a result you may be entitled to compensation for medical expenses, loss of income, and pain and suffering among other things.
Is the property owner liable?
The property owner must have been aware (or would have learned by exercising reasonable vigilance) that a dangerous situation existed on the property and failed to remedy it.
The law focuses on whether the owner makes routine efforts to ensure that the business or property is safe for the people who come into the business or onto the property. Your case will involve the following questions, among others:
Does the property owner regularly examine the property for potential hazards?
Was the hazardous situation there long enough for the property owner to know about it through the exercise of normal vigilance?
Was there a legitimate reason for the hazardous situation being there (such as an open manhole cover because of repairs being underway), and if so were appropriate warning signs and barriers in place?
Was the injured party’s own inattentiveness partly to blame for the injury?