Property owners have a duty to keep their premises reasonably safe. When a dangerous condition causes an injury, the injured person may have a premises liability claim, but proving it takes evidence.
What you generally need to show
- A dangerous condition existed, such as a wet floor, broken stairs or poor lighting.
- The owner knew about it, or should have known and had time to fix or warn.
- The owner failed to repair it or warn visitors.
- The condition caused your injury and you suffered real losses.
Why your status matters
The duty owed can depend on whether you were an invited guest, a customer, or a trespasser. Customers and invited guests generally receive the highest level of protection. Rules differ by state.
What to do after a fall
- Get medical attention and follow treatment advice.
- Report the fall to the owner or manager and ask for an incident report.
- Photograph the hazard, the area and your injuries, and keep your shoes and clothing.
- Get witness contact information.
- Avoid recorded statements to an insurer before understanding your rights.
- Keep medical bills and records.
Shared blame
Owners often argue that you were not paying attention or that the hazard was obvious. Comparative fault rules in your state may reduce your recovery if you share responsibility. Deadlines to file are strict and vary, and claims against government property often require early written notice.
Frequently asked questions
What if I fell at a friend's house?
A homeowner's insurance policy may cover guests' medical costs, though many people are uncomfortable making such claims. A lawyer can explain how it works.
How is the claim valued?
By the cost of treatment, lost income, the seriousness and permanence of the injury and the strength of the evidence.