Many slip and fall cases arise from an injury that happened in a commercial establishment. But as we all know, the potential for getting hurt is everywhere, particularly where owners or occupiers have not addressed hazards on their property. Read on and reach out to our dedicated Rockland County slip and fall lawyers to learn more about how we can help if you’ve been injured in someone else’s home due to no fault of your own. We have years of experience and we will do all we can to make this painful time less stressful.
Are Slip and Fall Accidents in a Person’s Home Different from in a Business?
In the majority of slip and fall cases, the injury in question occurs someplace like a store. But do you have recourse if it happens in a private home?
Just like in a store, you may. As with a business owner, if the person responsible for the property, either the owner or occupier, caused a hazard through their negligence, they may be liable for accidents that result. There are people to whom both business owners and homeowners owe a duty to make sure the environment is safe.
You may be able to recover for medical bills, lost wages, and pain and suffering. In the immediate aftermath of the injury, you need to take the same steps regardless of where the injury happened: seek medical attention, document the injury and where it happened, and get in contact with a lawyer.
Can I Sue a Property Owner if I’m Injured At Their Home?
First, we will need to consider whether you had a right to be on the property. If you were invited by a friend to their home or you went to repair something at someone’s home, then you’re more likely to be successful in a lawsuit. Those examples would make you an invitee or a licensee, respectively. This is as compared to a trespasser, there to do some harm, in which case you are much less likely to be successful in a lawsuit.
Subsequently, determining whether the homeowner (or the occupier of the property) is liable depends on whether they were aware or should have been aware of a dangerous condition on their property. If so, they had a responsibility to fix the hazard or place warnings around it.
The homeowner or occupier will be responsible when they caused the dangerous condition, when they knew of it and didn’t fix it, or when a reasonable person would have been aware and would have repaired it.
In the process of pursuing your compensation, you may need to file a claim with homeowner’s insurance. This can definitely be the source of discomfort, if the injury happened at the residence of a friend or family member. You should keep in mind, however, that homeowner’s insurance exists to pay these costs in place of your loved one.
