The Fundamentals of Slip & Fall Claims

The logistics of filing a claim against a property owner or occupier where the slip and fall occurred can be grueling, resulting in hours of discovery by way of depositions of the claimant, witnesses, and doctors. The burden of proof lies with the claimant, who must show that the owner was negligent in some way, causing the slip and fall. A property owner’s duty to visitors on his or her property changes depending on whether the visitor is an invitee, licensee, or trespasser. A premises law attorney knows the right questions to ask to determine whether there is enough evidence to support a cause of action in a court of law and can work with you, the owner, and the insurance companies to reach a settlement or pursue to trial if necessary. 

“Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

An owner or insurance company may try to settle your case before you have a chance to speak with an attorney. York Gaskill, LLC does not want you to settle for less than you deserve. If you or someone you know has been injured on someone else’s property, please contact us today to discuss what we can do for you.