A typical day may see you venturing from one property to another without a second thought of the potential dangers present due to a negligent property owner. But once a person slips on a wet floor or falls due to an unsafe railing, several medical and legal issues arise.
Idaho law imposes a legal obligation on property owners and businesses to keep their premises in a reasonably safe condition, including eliminating tripping or slipping hazards. They must also correct dangerous conditions that they know about or should know about by using reasonable care and warning their customers about any unsafe situation.
A Kootenai County slip and fall lawyer could help if you fell and got hurt because of a hazard on another’s property. Our successful attorneys have the experience necessary to effectively navigate these civil cases.
Slip and fall cases are governed by premises liability law, meaning a claimant must show that the property owner owes the claimant a duty of care. However, Idaho law states that this duty of care depends on whether the claimant is an invitee or a licensee.
A person who enters someone else’s premises for a purpose related to the business conducted at the premises, or where the visit confers a business, monetary or other benefits for the property owner, is known as an invitee. Here, the property owner owes the invitee the duty to ensure the property is safe or to notify the invitee of any unseen or concealed hazards, such as faulty steps or slick surfaces.
A licensee is someone who visits the premises of another with the property owner’s consent in furtherance of the visitor’s purpose. The property owner’s duty to a licensee is to share information of harmful circumstances or events occurring on the property with the licensee. Determining the purpose of the visit in Kootenai County often requires an in-depth knowledge of case law typically acquired by a slip and fall attorney.
Trespassers are individuals who knowingly venture onto another person’s premises without the permission of the property owner. In Idaho, the property owner only owes the trespasser a duty not to commit willful or wanton acts that may cause an injury. Therefore, a property owner cannot harm or deliberately set a trap or hazardous condition that injures another person, even if that person is a trespasser.
The state’s fault laws play an important role in determining how compensation is awarded in a successful slip and fall claim. In Idaho, a modified comparative fault system applies.
Under this system, an injured party can still receive compensation as long they are less than 49 percent to blame for their fall. That said, their overall available damages will be reduced by how much they contributed to the cause of the trip and fall accident. For example, if a person falls after crossing into a marked off section of another’s property, they may be held partially or fully responsible for their accident.
With the help of our Kootenai County lawyers, someone who slipped and fell may recover for past and future medical bills, lost wages, loss of future income, emotional and physical suffering, and decreased quality of life. Obtaining compensation often requires legal assistance, which can be provided by our attorneys in Kootenai County with experience handling cases involving tripping and falling.
Slipping and falling on another person’s property can lead to substantial personal and financial burdens, so considering legal action may not be at the forefront of your mind. Fortunately, you can lean on the knowledge and experience of our Kootenai County slip and fall lawyers.
A consultation allows you to discuss your case and understand what your next steps may be. Schedule yours by calling our office today.
Owens, McCrea & Linscott, PLLC