Can You Sue A Homeowner For A Slip And Fall Accident At His Or Her Home?


Slip and fall claims are not just limited to public places, like a grocery store. It is possible to slip and fall at someone's residence and hold him or her responsible for your injuries. If you had an accident at someone's home, here is what you need to know.

Is the Homeowner Automatically Responsible?

Whether a homeowner is responsible for your injuries depends on the circumstances of your slip and fall. In a slip and fall case involving a private residence, you must prove that the homeowner was at fault because he or she was negligent.

For instance, if the homeowner failed to clean up water that he or she spilled in the kitchen floor and you fell, he or she would be responsible. The same would apply if the homeowner had failed to properly repair cracks in his or her driveway that led to your fall.

It is important to note that the property owner might not be responsible for the injuries if he or she had taken steps to avoid accidents prior to the fall. For instance, if you slipped on spilled water but there was a drain in place to remove the water, the homeowner might not be liable. He or she took precautions to avoid the accident.

What If You Caused the Condition That Led to the Fall?

Regardless of the condition of the home, your actions could potentially hurt your personal injury case. If you did something that caused the accident, your chances for holding the homeowner responsible are greatly reduced.

For instance, if you were the person who spilled the water before the fall, you likely cannot hold the homeowner responsible. The same applies if you trip over your own shoes.

In the eyes of the law, everyone has the responsibility to show awareness of their surroundings. If you did not in the home of another, the court will likely not hold the homeowner responsible.

Should You Sue the Homeowner?

If the homeowner is responsible, you have the option of filing a civil lawsuit against him or her. However, filing a claim with his or her homeowner's insurance company would likely be the easier route.

Once you have filed a claim, an insurance adjuster will ask for a statement. Do not give a statement until you have discussed it with your personal injury attorney. He or she will also help with other aspects of your claim. Visit sites like http://www.bennettandsharp.com to get more information about slip and fall cases.

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

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