Slip and fall incidents can cause severe injuries and mounting medical expenses. If someone falls as a result of a hazardous condition on another person’s property, the owner may be held liable.
If you suffered injuries after a tripping accident, a Marlborough slip and fall lawyer could help you obtain compensation to pay for medical expenses and other losses. An experienced personal injury attorney could act as your guide through this complex process of recovery. En Español.
Liability in Slip and Fall Cases
In slip and fall cases, courts use the theory of premises liability to determine if a proprietor is responsible for an injured party’s losses. This legal theory establishes that property owners may be accountable for people who suffer harm while visiting their property. Each proprietor owes a duty of care to those on their property, but the extent of that duty varies according to the status of the visitor.
A skilled Marlborough slip and fall attorney could demonstrate that a property owner owed a duty to provide the highest standard of care to an injured visitor and present evidence to show that the property owner failed to meet this standard.
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Classifications of Visitors
The extent of a property owner’s obligations to protect those on their premises differ according to a visitor’s purpose for entering. A proprietor owes the greatest duty of care to those invited onto the property for business purposes, while the lowest standard applies to those who are trespassing. If someone falls on another person’s property, a Marlborough slip and fall attorney could use the plaintiff’s status at the time of the incident to evaluate the extent to which a property owner may be responsible for their injuries.
Trespassers
Those who own property are not permitted to set traps for trespassers or take actions to cause them intentional harm. The owner has no obligation to warn trespassers of dangerous conditions on their property, except with regard to children. If a property owner knows or should anticipate that children may trespass, the proprietor must take steps to eliminate or block access to their property.
Invitees
Those invited onto a property for the benefit of the owner may be entitled to the highest standard of care. An invitee could constitute someone who has an implied invitation, such as when a store opens the doors for business.
A proprietor must inspect their property for dangerous conditions, and if necessary, create barriers or warnings to eliminate the hazard. A trip and fall attorney in Marlborough could make a case to demonstrate that an injured visitor on the property should be treated as an invitee and therefore should have received the highest standard of care.
Licensees
A licensee is visitor who is allowed to enter a property for their own purposes. Property owners owe a duty to warn licensees about known hidden dangers. For instance, if the owner knows about a loose stair railing, uneven flooring, or a spilled substance, they should put up a barricade or take action to fix this problem.
Contact an Experienced Marlborough Slip and Fall Attorney
In some cases, a property owner or manager knew or should have known about a dangerous condition and failed to take action necessary to address it. As a result, the property owner may be liable for any harm caused by these dangerous conditions. If you have suffered injuries in an accident, it is a good idea to consult a Marlborough slip and fall lawyer as soon as possible.
