An experience Cape Cod personal injury attorney discusses the differences between indoor and outdoor slip and fall claims and what makes an owner liable.
In short, the owner has a responsibility to maintain the premises in a way that will allow safety for visitors.
If the owner fails to uphold his duty to keep the area safe and their failure directly causes injury, they may be liable.
But sometimes with outdoor slip and fall cases there is a fine line between the whether the owner or the local government is responsible.
If you have been in an indoor or outdoor slip and fall accident, a Cape Cod personal injury attorney will help you determine if the property owner is at fault.
Cape Cod Personal Injury Attorney | Indoor Slip And Fall Claims
There are many different factors involved in analyzing indoor and outdoor slip and fall claims. When looking at an indoor slip and fall case, the following factors are normally measured:
- The Flooring: Flooring should be free of oils, liquid, and debris that could potentially cause a slip or fall. This is even more vital for a business or restaurant.
- Elevators/Escalators: Slip and fall injuries are very common in these areas. The mechanical installations should always be working properly and if there are any objects or debris sticking out from the machinery the risk for injury is extremely high.
- Stairs: The stairs should always be maintained with railings and warning signs when needed. All businesses need to be handicap accessible.
Outdoor Slip And Fall Claims
The following factors are considered with outdoor slip and fall claims.
- Lighting: If the area is poorly light, there is a risk for a slip or fall.
- Weather: The weather conditions can seriously affect the surfaces people walk on. Whether it be snow, sleet, rain, or hail, the ground can get slippery and ice is a huge factor that causes slip and falls.
- Sidewalks: An owner may be liable if the sidewalk, driveway, or other areas are not maintained.
A lot of things can go wrong when you are maintaining a property and these factors are all considered by the court when they decide whether an owner is liable for the slip and fall or not.
Cape Cod Personal Injury Attorney | Is Liability The Same For Outdoor And Indoor Slip And Fall Claims?
As I said before, the owner of the premises is normally only liable for the slip and fall if it was in an area that they specifically control. Indoor claims usually include hallways and passageways, as well as common areas.
In an outdoor slip and fall claim, the owner is not liable for a property that they do not own. A poorly maintained sidewalk or street is the responsibility of a city of local government.
But there are some blurred lines here. For instance, if part of the owner’s property extends into public areas ( like a tree branch or roof).
Because of this, the court will analyze and decide if the owner of the property had control over the area of the accident, and if they could have prevented the slip and fall.
As a Cape Cod personal injury attorney I know that normally it is easier to find an owner liable for an indoor slip and fall injury than for an outdoor accident.
Do You Need The Help Of A Cape Cod Personal Injury Attorney?
There can be a huge difference between indoor and outdoor slip and fall claims. In many cases, hiring a lawyer to help with your claim is necessary.
If you have been the victim of an accident due to someone else’s negligence, we can help you. We understand these cases and the options that you have. Give us a call to take your next step.