A fall can lead to long-term consequences for anyone. For example, while many people associate dangerous falls with older people, studies show that younger individuals can also experience serious injuries from tumbling.
If a slip and fall occur on someone else’s property, the reasons may mean the owner is liable and owes the injured party damages.
Determining negligence
Determining negligence starts with establishing that the injured person had the right to be on the property and was not trespassing. These guests and customers can expect a location to be reasonably safe and not have unanticipated hazards.
A property holder must rectify dangerous conditions or provide sufficient warnings. However, these hazardous situations must present an unreasonable risk.
For example, slippery sidewalks and parking lots are common in Minnesota due to rain, ice and snow. A business should clear its parking lot, but a judge will not expect that the company can maintain a clear parking lot while snow is still falling.
If an accident occurs on government property, most public entities have immunity due to the mere slipperiness doctrine. This principle states that slippery conditions from recently formed ice or snow are insufficient to charge a municipality with negligence. However, if snow and ice accumulate and create dangerous irregularities, an injured person might have a case.
Meeting the deadlines
An injured person cannot wait indefinitely to make a liability claim. Minnesota has a six-year statute of limitations for slip-and-fall accidents that cause property damage and a two-year limit for personal injury claims. A potential case against a government entity requires filing a notice of claim within 180 days.
The rules for a slip-and-fall case vary. An injured person has to establish various facts to determine if there is a case and possible damages.