fbpx
KENTUCKY TRIAL LAWYERS
For 25 years, we represented major insurance companies. Now we’re here for you.

Can You Sue If You Fall on Private Property?

Published on May 28, 2020 at 6:37 pm in Slip and Fall.

Red private property sign

A slip and fall accident can happen anywhere at any time. These accidents can cause serious injuries that affect the rest of your life. In that case, you probably want to be compensated for your injuries and the costs from this unexpected situation that wasn’t your fault. If you were on private property when you fell, you might be wondering if you can still sue.

The short answer is yes, you can sue if you fall on private property. After a fall on private property, the blame usually falls on a sole person, like a property manager. This is different from a fall on public property, where you would likely have to sue a large entity, like the government.

Even though the case might be more straightforward than a fall on public property, there are still elements that you have to prove in order to have a successful claim. A Lexington slip and fall lawyer can help you through the claims process and determine your best course of legal action. Let’s look at when you can sue after a fall on private property and the problems you might face in your case.

When You Can Sue for Your Fall

Your slip and fall case relies on the basis that you were allowed to be on the property. In order to recover damages, you must prove that you were an invitee or a licensee on the private property. An invitee is a friend or family member who was granted permission by the property owner to be on their property. Licensees are similar, but they have permission because they will be on the property for their own reasons, like salesmen.

Next, you’ll need to prove a few other aspects to solidify your premises liability case:

  • Something on the premises caused your injury.
  • The property owner knew about the hazard but didn’t fix it.
  • The property owner had time to fix the hazard but didn’t.

If you can prove all of this, then the property owner can be held responsible for the injuries caused by your fall because they were negligent. However, if a sign was posted about the hazard, then your case might become more complicated. A warning about a hazard creates a problem with your case, but that’s not the only problem you might face.

Problems You Might Face in Your Case

When filing your premises liability claim, you’ll want to be sure that two aspects do not apply to your case. The defense might try to argue that you were trespassing on private property, or that you were negligent, and both can dismiss your slip and fall claim. Trespassing is when you knowingly go on someone else’s property without permission, so any injury you suffer while trespassing is not the fault of the property owner.

Negligence, on the other hand, is when a person does not practice reasonable care. Your case relies on a property owner’s negligence, If you were negligent on their property, then your case will likely be dismissed. For example, if you were going down a set of stairs that was properly maintained and missed a step because you were looking at your phone, the fault would be yours because you were acting carelessly on the steps.

Golden Law Office Is On Your Side

You might still have questions about whether or not you have a claim after your fall on private property led to injuries and unexpected bills. If you have a potential slip and fall claim, you can trust the experienced lawyers at Golden Law Office in Lexington to answer all your questions and give you the legal support you need to have a successful case. Contact our office today so that we can get started discussing your claim.

Latest Articles

News & Insights From Golden Law Office