The “slip-and-fall” case. It is the mainstay of jokes about the ambulance-chasing personal injury lawyer. The truth, though, is that the “slip-and-fall” case, and other premises liability cases, enforce a rule that is hundreds of years old: a landowner who invites the public onto his property, like a grocery store or restaurant, owes the public a duty to make the premises reasonably safe. If the landowner negligently fails to make the premises safe, and a person is injured as a result, the landowner is liable, just as he would be if he drove negligently and caused an injury.
In Idaho, to recover for personal injuries resulting from a fall or other accident on another’s property, your lawyer will have to prove a number of facts. First, that you were not a trespasser. Trespassers usually cannot recover for injuries suffered on another’s property. The landowner does not owe a trespasser a duty to make the land safe for him to be there. But if you are a “licensee,” which means that the landowner has permitted you to be there, the landowner must at least warn you of dangerous conditions. And if you are an “invitee,” or someone whom the landowner has invited onto the premises for his own benefit — like a customer in a store — the landowner must make reasonable efforts to make the premises safe.
Second, your lawyer will have to prove that the landowner was negligent. That is, that through carelessness he failed to make the premises safe or to warn you of a dangerous condition. “Carelessness” in any given case will depend on the circumstances. If the store’s employees let a puddle of water stand on the floor for an hour, that might be careless. But if another customer pours water on the floor an instant before you step on it, that probably isn’t careless — at least on the part of the store.
Sometimes, negligence can also be proven by showing that the premises are not up to code.
Finally, your personal injury lawyer must prove that you were injured, and the amount of your damages.
If you were injured in a fall or other accident caused by another’s carelessness, treat your injuries, get better, and give us a call. We would love to discuss your case.