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What Is the Difference between Premises Liability and Slip and Fall?

Slip and fall accidents can occur when you least expect them. You might think that every slip and fall injury is the same regardless of where it happens; however, where a slip and fall injury occurs can be very important. This is especially true if the injury occurs at a place of business or if the property owner is responsible for the accident. If you have suffered a slip and fall injury due to someone else’s negligence, you should contact an experienced personal injury attorney.

What Is Premises Liability?

Simply put, premises liability applies when the at-fault party (usually the owner of the premises) is responsible for an injury or accident that occurs on the property. This can cover a wide range of incidents, including:

Generally, owners are responsible for maintaining their property at a reasonably safe standard. Conversely, injured parties have to prove that their injuries and/or the accident were caused by the property owner’s negligence.

Slip and Fall versus Premises Liability

Again, the differentiating factor between a regular slip and fall case and a premises liability case is whether or not the injury occurred on someone else’s property. When the injury occurs on another’s property, the case will be based on your status as a visitor on their property. If you were invited onto the property by the owner or were given a license by the owner to be present, the property owner is fully liable for the standard of care provided to you.

However, if you are trespassing or otherwise on the property without permission, the owner has the least duty of care. Owners still need to make sure that their property is safe, but the owner owes a much smaller duty of care if a trespasser is injured.

How Can I Prove Premises Liability?

If you have been injured on another person’s property, your compensation hinges on proving  the following:

  • The person responsible for the injury owned, occupied, or leased the property: Determining ownership of the property is the first step. From there, you must show that the owner had a duty to inspect the property for potential dangers.
  • The owner was negligent in the use of property: Once ownership is established, you must show that the owner failed in the upkeep of the property and that this failure caused the injury or accident.
  • You were harmed: You must show that you were, in fact, injured. Make sure to keep track of your medical expenses and documents that show the impact of your injury.
  • The owner’s negligence was a significant factor in causing the harm: Your injury must be a foreseeable result of the property owner’s negligence. Negligence does not have to be the sole cause of your injury, but it must materially contribute to it.

You should seek the help of a premises liability attorney if you believe you have a viable premises liability case.

Contact an Attorney at Feller & Wendt for Help with Your Premises Liability Case

The legal team at Feller & Wendt has decades of experience with premises liability cases. We can help if you or a loved one have suffered an injury on someone else’s property. Our attorneys have decades of combined experience handling property owners, insurance companies, and medical professionals. We want to make sure that you are fairly compensated for the injuries you suffered because of an unsafe property. If you or your loved one have suffered an injury on a property and wants to hold the owner accountable, we may be able to help you. Please call us today at (480) 702-2277 or contact us through our website.

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