Your “Status” on the Property in a Slip and Fall Accident
One of the first questions an Orange Park accident attorney will ask if you have been injured in a slip and fall accident is for what reason were you on the property at the time of the injury. Why you were there determines your legal status. It is important in a slip and fall accident because the legal obligation owed by a defendant to those on his or her property will vary depending on the individual’s status.
What Was Your Status?
Based on why you were there, your Orange Park accident attorney will determine your status to be:
• A trespasser
• A licensee
• A social guest
• An invitee
• Hired to fix a hazard on the property
• Part owner of the property
The Defendant’s Obligation
In general, the defendant’s obligation, legally his or her duty of care, is greater to someone invited on the property than it would be to a trespasser. However, there are exceptions.
If you were injured as a worker hired to make a repair on the property, and were injured as a direct result of doing the work necessary for that repair, you may not have a claim against the defendant. The theory is that your injuries were inherent in the job.
Another example is if the injured party is a part owner of the property. For instance, say as a homeowner in a condominium or townhouse development, you had a slip and fall accident on a common area sidewalk. Depending on the facts, special rules may apply in such a case.
Understand Your Rights and Liabilities
The issues in slip and fall accidents are not always clear. John Fagan, an Orange Park accident attorney, offers a free, initial consultation. Call Mr. Fagan’s office today for an appointment at (904) 215-5555.