A continuing look into the slippery slope of slip and fall

| Aug 17, 2018 | Property Insurance Issues

We stressed in a recent blog post the “wide world of considerations” that exist for insurance companies protecting individuals, families, businesses and government entities against risk and liability. We underscored in our August 9 blog entry that insurers act in cases including “general personal injuries, product liability, motor vehicle accidents, employment-linked disputes and many other matters.”

A core realm for such “other matters” is certainly the broad universe of premises liability, which can arise in a residential, business or government setting.

Indeed, premises liability is a big deal. That is especially true concerning slip-and-fall injuries. Those are alleged daily in legions of cases across the country, including in Louisiana.

Slip/fall matters cover a wide gamut of dangerous conditions that are claimed to have contributed to third-party personal injury. Those range from flooring irregularities, improper lighting and defects in stairwells to wet surfaces, torn carpeting and ongoing maintenance work.

An insurance company defending a homeowner, business principal or municipal entity in a slip-and-fall matter will look closely at a plaintiff’s allegations for evidence of fault and corresponding injury.

Proving liability in such a case is far from automatic. A claimant must prove that a dangerous condition existed, that a defendant had a legal duty to note and guard against it, and that the defendant’s negligence directly contributed to an injury outcome.

“This sounds obvious,” notes one online overview of slip-and-fall claims, “but many people do not realize that some injuries are simply accidents caused, if anything, by their own carelessness.”

Premises liability is a complex and often contentious legal sphere. Questions or concerns regarding risk and liability in this singular realm can be addressed to a proven insurance defense legal team.