Falling and getting injured is never fun, no matter where it happens. If you slip and fall at a friend’s home, you may be eligible to receive compensation. While it may be uncomfortable to file a personal injury claim against your friend, it will ultimately provide you with the compensation needed to get the help you need. Here we explore the definition of a slip and fall and the steps you should take if you are injured while at a friend’s house.
What Is The Definition Of A Slip And Fall?
A slip and fall injury is an injury in which an individual trips, slips, or falls on someone else’s property. This term is used in personal injury cases and typically falls under “premises liability” claims. Premises liability refers to when a person is injured on another person’s premises, or property, and the owner is held legally responsible for the other individual’s injury.
There are several dangerous conditions that can make a person more likely to slip and fall on another individual’s property. For example, flooring obstructions, narrow stairways, poor or no lighting, water on a floor, and flawed carpeting are all unsafe conditions that can all result in a person getting injured. Slip and fall injuries can also happen outdoors such as on cracked concrete or sidewalks, walking down a flight of stairs, or due to ice, rain, or snow.
Is The Homeowner Liable If You Slip And Fall At Their House?
Most cases are contingent on whether the person who owns the property took all proper measures to ensure a slip and fall accident wouldn’t happen. It is also important if the person who fell and was injured was acting in careless manner or did not see or avoid the condition that resulted in the fall.
Slip-And-Fall At Owned/Mortgaged Property
To prove that the individual who owns the property was aware of the condition that resulted in the fall, the following must be established:
- The landlord had actual or constructive knowledge of the condition
- The owner was aware of the existence of the condition and failed to fix it; or
- The condition that caused the injury existed for an extended period of time in which the owner would have noticed it and had the chance to fix it
In short, the only way to seek compensation for a slip and fall in another person’s home is to establish that the owner’s negligence directly resulted in the injury.
Slip-And-Fall At Rented Property
If you fall in the home of someone who is renting property, you may be able to hold the landlord accountable for your injury. In order to do, the person renting the property or the third party who was injured must establish the following:
- The landlord had actual or constructive knowledge of the condition
- The landlord had access to the condition and could have fixed it
- It was evident that an injury would occur if the condition was not fixed
- The landlord failed to take the right steps to prevent an accident in the property being rented
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What To Do If You Slip And Fall At Friend’s Home
If you have been injured in a slip and fall at a friend’s home, there are several steps you should take to ensure you get the compensation you need and deserve. These steps include:
- Check to see if your friend has homeowner’s insurance: If your friend is the owner of their home and took out a mortgage to purchase it, they should have homeowner’s insurance. If they do, ask for the insurance information including the name of the company, the company’s address, and the friend’s insurance policy number. Some homeowner’s insurance policies cover losses and medical expenses associated with personal injuries on the property.
- If your friend rents their property, notify the landlord: If your friend isn’t the owner of their home, it’s important to see exactly where you fell and make sure it falls under the landlord’s property. In most cases, the landlord or building owner will be held responsible for preventable injuries that occur on the rented property. If you’re injured on the rented property, immediately notify the landlord and determine if they have insurance that can cover your personal injury claim.
- Document your injuries and the cause of the accident: Before you can seek compensation in the form of a slip and fall claim, it’s important to document both your injuries and the area and circumstances in which you fell. Take pictures of the location of the accident, your injury, and the conditions that caused your accident. Document all of your medical records that portray your injuries, medical expenses and bills incurred to get treatment, and proof that you are unable to collect income due to your injury if applicable. You should also collect the addresses and names of any witnesses who were present when you fell.
- Consider hiring a lawyer: Insurance companies are primarily concerned with spending the least amount of money possible when it comes to claims, so if your injury was significant or caused significant damages to you, you may want to consider hiring a lawyer to act on your behalf. An attorney can help ensure your rights are protected that you get the compensation you need and deserve.
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Working with a proven personal injury attorney can make the process of seeking compensation for a slip and fall injury easier and more successful. Contact the Florin|Roebig law firm today for your free consultation.