Slip and Fall Accidents on Public/State vs. Private Property

Slips and falls can occur anywhere, including on public property or on private property. Where you fall could significantly impact the legal framework that applies to your case and whether you may be able to recover financial compensation for your damages. Understanding the distinctions between public and state property and private property is crucial if you are seeking compensation for your damages.

Here, we provide detailed information about legal considerations, liability, potential compensation, and key differences in these types of cases. We can discuss your matter further when you call Siniard Law, LLC for a free consultation.

Legal Framework Governing Slip and Fall Accidents

Slip-and-fall accidents fall under premises liability law, which identifies the legal responsibilities of property owners and holds them liable if they fail to uphold these responsibilities when someone is injured on their property. The legal responsibilities of property owners vary depending on whether the property is public or private and the status of the visitor who is injured on the property.

Slip and Fall Accidents on Public/State Property

Public property includes any property open to the public and maintained by the state or the government. This includes parks, government buildings, public transportation, sidewalks, and more. Governmental entities are responsible for maintaining a safe environment for visitors and preventing foreseeable dangers. If you slip and fall because of a foreseeable danger, you may be able to file a slip and fall claim against the government agency responsible for your injuries.

To prove your right to compensation following a slip and fall on public property, you must be able to show the following legal elements by the preponderance of the evidence:

The government entity had ownership or control of the property where you fell.
A dangerous condition existed on the property, which posed an unreasonable risk of harm.
The government entity knew or should have known about the hazardous condition.
The dangerous condition directly caused your fall, and you suffered damages.

Legal claims against governmental agencies tend to be more complicated than those against private persons. The state has sovereign immunity from civil lawsuits, though most states waive this in cases involving negligence that causes injuries to its citizens.

Public claims also involve different notice and time limits. You may have to present a legal claim to the governmental entity you want to sue within a short period of time, often within six months, and adhere to strict notice requirements.

Alabama also uses a contributory negligence system, so you could be barred from recovering any compensation if you played any role in the accident.

Slip and Fall Accidents on Private Property

Many slip-and-fall accidents occur on private property. These accidents may happen when you’re visiting a friend in their home, condo, or apartment complex. They can also occur when you are visiting a store, office building, mall, restaurant, or other commercial establishment.

When a slip-and-fall accident occurs on private property, the governing legal principles differ from those for public spaces. The property owner or occupant owes a duty of care to legal visitors and must take reasonable steps to keep the property safe.

Visitor Statuses

The standard of care of the property owner or occupant differs based on the visitor’s status, as follows:

Invitees

An invitee is someone who comes onto the property for the owner’s benefit, such as a store customer. Because of this distinction, property owners owe invitees the highest duty of care. They must inspect their properties, identify potential hazards that could harm invitees, and address them.

Licensees

Licensees have a legal right to be on the property but are there for their own purposes, such as social guests or meter readers. They are owed a lower duty of care. Property owners must avoid creating new dangers and must warn them of hazards they know about.

Trespassers

A trespasser is someone who enters a property without the owner’s permission or consent. Alabama law requires a lowered standard of care for these unlawful visitors. It says that property owners must refrain from causing wanton or intentional injury to them. However, if the property owner knows about a trespasser and that they are in peril, they must exercise reasonable care to avoid causing injury to the trespasser and to warn them about dangers on the property.

Additionally, Alabama law has specific rules regarding attractive nuisances. Property owners can be held liable for injuries or death to a child trespasser that is caused by an artificial condition on the property when all of the following apply:

The artificial condition existed in a place where the property owner knew or had reason to know that a child would likely trespass.
The condition involved an unreasonable risk of death or serious bodily harm to a child.
The injured child did not discover the condition or realize its risk because of their youth.
The utility of maintaining the condition and the burden of eliminating it were slight for the property owner compared to the risk to the child.
The property owner failed to exercise reasonable care to eliminate the danger or otherwise protect the child.

Steps to Take When Filing a Claim Against a Business or Individual

Many slip-and-fall cases involving private property are resolved through an insurance claim. This means that you will need to present sufficient evidence to the insurance company to show that the slip and fall occurred, the property owner or occupier was responsible, and you suffered damages.

You can meet this threshold by:

Reporting the accident to the property owner
Seeking immediate medical attention
Taking pictures or videos of the dangerous conditions that contributed to your injuries
Asking witnesses to write down their names and contact information
Keeping all documentation related to your losses, including records of your medical care, loss of income, and pain and suffering
Hiring a premises liability lawyer who can help you meet your evidentiary burden

Key Differences in Legal Outcomes

Public and private property claims have many similarities, but they can have very different outcomes. Public property claims involve strict notice requirements and statutes of limitations. Many slip-and-fall accident victims fail to take legal action in a timely manner, preventing them from recovering the compensation they deserve. Alabama law also limits the amount of compensation that can be awarded to a personal injury victim to $100,000, which may be insufficient to fairly compensate an accident victim for medical expenses, lost wages, pain and suffering, and future losses.

Importance of Legal Representation

Whether your fall occurred on private or public property, you need an experienced attorney on your side. Personal injury lawyers can help by:

Investigating your accident – Slip-and-fall accident attorneys can investigate the accident and determine who was responsible for your injuries.
Gathering evidence – A crucial component in many slip-and-fall claims is whether the property owner knew or should have known about the dangerous condition that caused the accident. Personal injury lawyers can gather evidence of prior incidents or complaints that show the property owner was aware of the hazardous condition and failed to take appropriate corrective action. Additionally, they can preserve valuable evidence, such as surveillance footage, and interview witnesses to further support your case.
Assessing your claim’s value – Insurance companies try to minimize financial recovery to accident victims to protect their profit margin. An accident attorney can work with medical experts to determine the full extent of your slip-and-fall injuries, how they affect your long-term earning capacity, and what a fair estimate of your damages is.
Managing your legal claim – Premises liability attorneys can prepare your legal claims, monitor case deadlines, manage communication with insurance adjusters, and take care of your claims while you focus on your recovery.
Negotiating with insurance companies – Most accident victims don’t have experience negotiating on a daily basis, but we do. We can fight for you and prepare your claim for maximum compensation.
Providing legal representation – A personal injury attorney can ensure that your legal rights are protected at every stage of the case. If the insurance company refuses to make a fair settlement offer, your lawyer can file a lawsuit and represent you in court.

At Siniard Law, our premises liability attorneys are experienced in both public and private property cases. We can help you navigate the legal process and protect your rights at every stage.

Contact Siniard Law, LLC for a Free Case Review Today

At Siniard Law, LLC, we have extensive experience handling personal injury claims against public entities, commercial properties, and private property owners. We can help you with every aspect of your case, guiding you through the legal complexities and seeking full and fair compensation on your behalf. Contact us today to take the first step in your recovery.