Can A Homeowner Be Responsible For Slip And Fall Injuries Caused By Wet Leaves?
Fallen leaves can be a beautiful sight, but after a rain or snow, they can become a slip hazard. It is not uncommon for people to slip and trip on the leaves and suffer injuries. Depending on various factors, there might be legal options available to help you pay for your medical expenses. If you were injured after slipping on wet leaves, here is what you need to know:
When Is the Homeowner Liable?
Homeowners are required by law to take reasonable measures to ensure that visitors to their property are safe. Accidents do happen, but when they are preventable, there is a possibility that the homeowner is liable for injuries that a visitor suffers.
Part of taking reasonable measures is regularly inspecting the property to determine if there is a hazardous situation developing. If a homeowner does not inspect the lawn after a rain, you could argue that he or she was neglectful.
The homeowner is also required to take steps to remedy a potentially hazardous situation within a reasonable period. For instance, after discovering that the leaves are wet, the homeowner must remove the leaves or take steps to ensure that visitors to the property are aware of the hazard. If not, the homeowner could be reasonable for your fall and subsequent injuries.
What Can You Do After Slipping?
After you have received medical care, you need to act quickly to gather evidence. Pictures and videos that illustrate the condition of the lawn when you fell can help prove your case.
A major part of your case will involve proving that the homeowner could have prevented the fall. Doing this can be tricky, but there are some strategies that you can use to help show the homeowner was acting irresponsibly.
For instance, if the homeowner did not remove the wet leaves from the walk within a couple of days of the rain ending, your attorney could argue that he or she had a reasonable amount of time to take care of the leaves.
You could also focus on establishing that the homeowner's maintenance routine for his or her home was unreasonable. For instance, if the homeowner admits to only inspecting his or her property once every few months, you could argue that it is not frequent enough to learn of problems with the property.
Your civil litigation lawyer can help decide if the homeowner is responsible for your slip on wet leaves and help you prove your case.