Law Office of Miguel A. Salazar, PLLC

An injury on property often arises from a dangerous condition present on someone else's premises. The most common example of this is a slip and fall case. However, there are also less common incidents, such as a 'slip-and-jerk' case, where an individual slips but does not fully fall. These situations can lead to premises liability claims.

The status of a person on the property significantly impacts their ability to recover damages in injury on property cases. There are three main types of visitors: 1. Invitee Enters the property with the owner’s knowledge and for mutual benefit (e.g., customers in a store). The property owner must make the property safe or warn against unreasonably dangerous conditions they know or should know about to avoid premises liability claims. 2. Licensee Enters with permission but not for mutual commercial benefit (e.g., a guest at your home). The owner's duty is to make safe any known dangers that are not obvious to the guest. 3. Trespasser Enters without permission. The property owner only owes a limited duty: they must not intentionally harm the trespasser through willful, wanton, or grossly negligent acts. Tip: Signage like 'Beware of Dog' can help avoid liability in slip and fall cases.

Injury on property alone is not enough to make a valid claim. You must assess several factors: What caused the injury? Was the condition unreasonably dangerous? Did the owner know (or should they have known) about it? Did they exercise reasonable care? Did the condition directly cause the injury? These considerations are essential in evaluating premises liability claims, especially in slip and fall cases.

Most people don’t think like lawyers—which is good—but... After an injury on someone else’s property, it's important to pause and observe. This is especially crucial when dealing with premises liability claims. Use the Five W’s (Who, What, Where, When, Why): Who saw it? What caused it? Where did it happen? When did it happen? Why was the hazard there? 💡 Tip: The more detail you gather after an injury on property, the easier it is for a lawyer to evaluate your claim, especially in slip and fall cases.

Example: Slipping on a banana peel right after it drops is not enough to prove liability in cases involving injury on property. To establish premises liability claims, the owner must have had a chance to correct the hazard.

Premises liability claims, such as those involving injury on property, are complex and fact-intensive. The earlier and better the facts are gathered regarding slip and fall cases, the stronger your case will be. Always consult an experienced attorney if you believe you might have a claim.