You can still file a personal injury claim if a slip and fall accident happened on private property. Your financial recovery options depend on the details of your accident and the property itself. For instance, if you fell at a friend’s house, you could file a claim with their homeowners’ insurance. This could offer coverage for your medical bills and pain and suffering.
You Can File a Personal Injury Claim After an Accident on Private Property
To file a personal injury claim, you must prove that another party’s negligence led to your fall. Here’s a scenario to understand this concept. You were visiting a friend’s house for a birthday party. Someone spilled beer in the kitchen, but no one cleaned it up or warned you of the hazard. You slipped, fell, and suffered a brain injury.
Your case would rest on these elements:
- The at-fault party (the property owner) owed a duty of care to prevent injuries.
- They violated this duty by allowing an avoidable hazard (the spilled beer) to exist.
- You slipped, fell, and suffered injuries.
- You have damages from the fall, such as medical bills and lost income.
Supporting evidence in this situation could include eyewitness testimony, your medical records, and photos of the accident scene.
Who Could Be Liable After a Slip and Fall on Private Property?
Liability for your slip and fall accident claim could include:
- A property owner
- A tenant or occupier
- A property management company
- A maintenance or cleaning service provider
Multiple parties could share liability for your injuries. If so, a slip and fall accident lawyer from our team can hold them accountable.
What Is Considered Private Property?
Private property is any area not owned and operated by the government. Most places are considered private property. Just because a store is open to the public, that doesn’t make it public property. The owner has the authority to admit and remove visitors at will.
The following areas are generally considered private property:
- Residences, such as apartments, condos, and single-family residences
- Office buildings
- Retail stores
- Shopping malls
- Farms and agricultural land
- Industrial facilities
- Vacant land that’s not owned by the government
- Certain estates
- Recreational properties, such as private vacation homes and Airbnbs
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You Could Recover These Losses After an Accident on Private Property
Falls can cause substantial injuries, such as spinal cord trauma and brain injuries. The type of injuries you suffer, the severity and duration of your symptoms, and your necessary treatments will determine what you can seek.
As such, you may deserve compensation for:
- Pain and suffering
- Mental health services
- Medical expenses
- Lost income, tips, and bonuses
- Diminished earning power
You could also recoup the cost of anything you spent out of pocket on childcare services, home maintenance fees, and temporary transportation arrangements.
You Have a Limited Time to File a Lawsuit After a Slip and Fall
You generally have two to three years to file a personal injury lawsuit. Your filing deadline begins from the date you suffered injuries. It’s vital to comply with this deadline because, if you don’t, you could lose the right to seek damages through litigation.
Our law firm can handle your case’s time-sensitive factors. That way, you don’t have to worry about marking off days on your calendar or worrying about your rights.
Types of Insurance That May Cover a Slip and Fall Accident on Private Property
As noted, homeowner’s insurance could cover your losses. Many states, like Maryland, do not require homeowners to have this type of insurance. Yet, many banks that finance homes do. Other types of policies that could offer coverage include:
- Business liability insurance (or an umbrella business insurance policy)
- Workers’ compensation insurance
- Renter’s insurance
While most personal injury cases settle through insurance claims, you may have concerns about filing a lawsuit. If the insurance company refuses to settle (or another obstacle prevents you from getting compensated), you could file a lawsuit against the property owner.
If you’re concerned about litigation, you could benefit from partnering with our legal team. We have decades of combined experience advocating for injured people, and we’re prepared to fight for what you need.
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What Hazards Can Result in Personal Injury Claims on Private Property?
The Centers for Disease Control and Prevention (CDC) highlights several hazards that a property owner may ignore, miss, or otherwise neglect. These hazards can lead to a slip and fall accident claim:
- Spills: Consumer products, drinks, industrial products, and other liquids are clear slipping hazards. Property owners must detect and remove spill hazards in a reasonable manner to avoid liability.
- Weather-related hazards: Melted snow and ice, rain, flooding, and debris from wind may all contribute to a slip and fall.
- Defective flooring: Loose flooring, excessively slick flooring, and other defective flooring may cause someone to slip, fall, and suffer injuries.
- Poor lighting: Without bright lighting, guests on a property may be unable to see where they are stepping. Poor lighting may contribute to a slip and fall accident, even in the absence of other slipping hazards.
- Clutter: General clutter or debris can cause someone to slip and suffer injuries.
A property that is in general disrepair may be full of slipping hazards. Even otherwise well-kept properties can have clear slipping hazards. If an invited visitor suffers a slip and fall accident, the property owner may be liable for the victim’s fall-related damages.
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Call Jenner Law Today for a Free Consultation
When you or a loved one suffers a slip and fall injury, call Jenner Law to pursue justice. Our team will manage every aspect of your case, from securing evidence to leading settlement negotiations. If your case requires a trial, we will take your case to court.
Call Jenner Law today for a free consultation. Do not wait to call, as we may face a limited window for filing your claim or lawsuit.