When slip and fall accidents occur on someone else's property, it's possible to hold the owner financially responsible for paying any medical bills for injuries that you may occur. Whether you're able to do so depends largely on the circumstances surrounding the incident.
A Santa Fe woman has filed an injury claim against the Albuquerque Isotopes baseball organization. In the woman's lawsuit, which was filed on Wednesday, Aug 16, she alleges that the club failed to take necessary precautions to protect her safety while attending a baseball games at their facility. The woman was struck by a foul ball while watching a game in 2014.
When someone enters a property, whether it is a public business or a private home, there is a reasonable expectation that one can move about it safely without being injured. It's the duty of both the property owner and/or tenant to keep a property maintained to minimize any risk of injury.
When you think of premises liability, it's probably the one thing that every property owner must uphold whenever guests visit their premises. Whether it's a grocery store or office building, each property owner is obligated by law to protect visitors and employees from various forms of hazards that can lead to slip-and-fall accidents. When you walk into a retail store, it's a general opinion that every precaution has been taken to protect you from danger. This translates that such proprietors have gone above and beyond to warn guests of potential hazards, or better yet provide them with protective equipment.
Premises liability is a variation of personal injury tort liability that focuses on injuries that occur on real property (i.e. land and buildings). Premises liability slightly modifies the traditional negligence analysis as it relates to property owners and the duties that they owe to a variety of different potential types of plaintiffs. This post will provide an overview of premises liability and the difference between it and traditional negligence.
Premises liability claims are common in the United States, but sometimes these claims may be filed against the government. There are cases in which an accident takes place, or a person gets injured because of the negligence of the government. Negligence could mean defective sidewalks, a faulty traffic light, and other such situations. The government has a duty of care for the safety and well-being of the citizens when they are using public facilities. In certain cases, this duty is clearly violated or neglected.
Imagine a slip and fall incident, and take it at its most literal meaning. Say you just slip, and then fall. What's the likely outcome? You may sprain your ankle, cut your elbow, or something similar in nature to these injuries. But you may also suffer serious injuries, such as broken bones, strained muscles in your back or even worse. And the older the victim is, the more likely it is that they will suffer severe injuries.