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Premises Liability/slip and Fall and Trip and Fall

 

The entertainment industry has made a living creating stories that make us shed a tear or enjoy a good belly laugh. Watching other people publicly live out the issues and funny situations many of us have experienced privately brings us all closer together. One common theme in humorous entertainment is the ‘pratfall.” Pratfalls are an intentional, exaggerated fall intended for comedic purposes, such as slipping on a banana peel. The individual’s embarrassment as they fall to the ground seems to be what causes us to laugh the most.

Pratfalls are fine for comedy. But in real life, they’re no joke. In real life, slip and fall accidents fall under the umbrella of premises liability law. Premises liability law describes the legal responsibility a residential or commercial property owner has for injuries and accidents occurring to individuals while on their property. Slip and fall claims are quite common, but other types of injuries qualify under premises liability law, such as:

· Inadequate security

· Falling objects

· A broken walkway

· Improper signage

· Walkways that have not been cleared of debris, ice, oil, etc.

Before you can pursue a claim against the negligent property owner, however, the ‘legal status of the visitor’ must be determined from one of four categories:

· Invitee

· Social guest

· Licensee

· Trespasser

This is important because, while someone injured while trespassing on the property is unlikely to be compensated under premises liability law, individuals with a reason to be present on the property may pursue their claim.

Other factors must also be considered, including whether the owner made reasonable effort to provide for guest safety. For example, did the owner warn guests that hazards may be present, or did guests face unexpected hazards while on the property? A box of merchandise falling off a shelf and striking a shopper on the head would be considered an unexpected hazard, and one the property owner should have taken care of to protect the safety of guests while shopping in the store.

Patricia Woloch

In South Florida, the personal injury law offices of Craig Goldenfarb are standing by to assist you.

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