Slip & Fall – Homeowner’s Responsibility

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Countless individuals are injured in slip, trip and fall accidents at private residences each year. Some of these injuries are minor and go away after a short period of time. Others, however, can be more serious and affect the injured party for an extended period of time. It is not always easy to determine the severity of a slip and fall injury. In some cases, symptoms do not show up right away, and they begin to manifest themselves over time. This is why it is important to have a full medical exam after being injured in a falling accident.

Homeowners are responsible for taking reasonable steps to ensure the safety of those who enter their property. Their level of responsibility differs, however, depending on the status of the person visiting. There are three general categories of property visitors:

Invitees

These are people who have been expressly invited or have implied permission to enter the homeowner’s property. Some common examples include construction workers, contractors, landscapers, house painters, plumbers, electricians, babysitters, delivery persons, postal workers, and those who pay to use the house or land (such as an Airbnb rental). The homeowner owes the highest duty of care to invitees. For invitees, the homeowner must:

  • Routinely inspect the property for dangerous conditions;
  • Properly warn invitees of all known hazards;
  • Exercise reasonable care to address/fix any hazards and keep invitees safe.

Licensees

The next category of visitor is referred to as a licensee. These are individuals who come on the property as some type of guest, but they have no contractual relationship and they usually enter for a non-business-related purpose. Like an invitee, a licensee has actual or implied permission to enter the homeowner’s property. Examples of licensees may include family and friends, party guests, neighbors that stop by, religious workers, and unsolicited door-to-door salespeople.

Homeowners owe a slightly lower duty of care to licensees than they owe to invitees. For licensees, a homeowner’s responsibility is to warn them of known hazards they are not likely to discover on their own. However, a homeowner is not obligated to routinely expect the property and address known hazards before a licensee enters the property.

Trespassers

The last category of visitor is trespassers. These are individuals who enter the homeowner’s property without their consent. Trespassers are owed the lowest duty of care. The only responsibility homeowners have with regards to trespassers is to refrain from wanton or willful negligence or misconduct.

Holding Homeowners Responsible for Slip and Fall Injuries in Alabama

If you were injured in a slip and fall accident on another person’s property, you may have a right to compensation. If you were an invitee or licensee, you have a better chance of being successful with this type of case. If you were a trespasser, the burden of proof is going to be much higher. To protect your legal rights, it is important to retain as much documentation as possible about the incident. Assuming you are physically able, write down what happened in as much detail as possible, take multiple photographs of the scene of the accident to clearly show the hazard that caused it, and obtain the contact information of anyone who may have witnessed the event. Most importantly, do not admit any fault for the accident.

Pursuing a slip and fall claim in Alabama is more difficult than most other states because they apply a legal doctrine known as “contributory negligence.” Under this doctrine, if the injured party is found to be even 1% responsible for the incident, they may be barred from recovering damages. Knowing that this is the standard, you can be certain that the property owner will argue that you bear some responsibility. For this reason, it is absolutely critical that you work with an experienced personal injury lawyer who has a proven track record of successful results with these types of cases.

Contact Chip Nix, Attorney at Law

Since 1973, attorney Chip Nix has represented clients injured in slip and fall accidents in Alabama. Attorney Nix has extensive knowledge of this area of the law, and what it takes to successfully argue that the property owner is 100% responsible for the victim’s injuries. If you or a loved one were injured due to the actions or omissions of another party, call our office today at 334-279-7770 for a free consultation. You may also send a secure and confidential message through our web contact form or stop by our Montgomery office.

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