Throughout the United States, property owners are expected to uphold a certain "duty of care"—whether they are a private homeowner or the manager of a commercial business. This means that they must take steps to ensure a reasonably safe environment and/or warn visitors of any potential dangers on the premises. More specifically, business establishments are liable for "damages, including costs of defense, legal costs and fees, and other claims expenses, because of injuries to other persons," under Minnesota Code §60E.02 (7)(a). Should a property owner knowingly fail to clean up a spill that had been left on the floor, for example, the law holds them accountable for compensating the subsequent victims of their negligence.
In order to prove that this individual was, in fact, negligent in uphold their responsibilities, however, the victim must be able to show that the property owner had actual or constructive knowledge of the hazardous conditions beforehand. It must also be true that the victim was not trespassing and/or that they had been explicitly or implicitly invited onto the premises. If either of these factors cannot be proven, it may be assumed that the property owner had not violated their duty of care. For this reason, it is important that you discuss your case with a St. Paul personal injury attorney immediately after you have been injured on someone else's property. Failing to do so could jeopardize the legitimacy of your case—and thus, your ability to recover compensation.
If were involved in a slip and fall accident on someone else's property, it is your responsibility to prove that the property owner had failed to uphold their duty of care. This means that you must be able to show that they had actual or constructive knowledge of the hazardous conditions before the accident took place. Since most people are quick to deny culpability, your argument will likely be based on circumstantial evidence—which could include any of the following scenarios:
In the state of Minnesota, damages for personal injury are awarded under a system of "modified comparative negligence" with a 51% rule. This means that a wrongfully injured victim can still recover damages even if their own carelessness had contributed to the accident. One would be barred from obtaining any form of compensation if it is decided that their level of culpability reaches or exceeds 51%, however, as this would mean that they were mostly at fault. For anything less than this, their subsequent award would simply be diminished by their own percentage of fault. For example, you would be able to recover $60,000 of a $100,000 verdict if you were found to be 40% responsible for causing your own injuries.
Were you injured in a slip and fall accident on someone else's property? If so, it is important that you speak to a St. Paul personal injury lawyer from Rob Roe Law, LLC as soon as possible. Time is of the essence when dealing with cases of premises liability, so you should not hesitate to get in touch with our firm today. In doing so, you can ensure that vital evidence is promptly documented, witnesses testimony is collected and your rights are duly upheld. Each of these factors must be taken into consideration—which can be hard when you are dealing with the matter of paying off medical expenses and worrying about the income that you have been forced to forfeit—so it may be in your best interests you let our firm manage these legal complexities on your behalf.
To get started, simply pick up the phone and give us a call at (888) 492-9614 or submit a free case evaluation form online. From there, we can work together on pursuing the level of compensation that you deserve.