Indoor vs. Outdoor Slip and Fall Claims

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What Are the Differences Between Indoor vs. Outdoor Slip and Fall Claims?

Slip and fall claims are usually based on a negligence and premises liability theory. That is, the owner of the premises has a duty to maintain the premises in a manner that is safe for visitors. Failure to uphold this duty can result in liability for injuries that occur as a result of the unsafe property conditions.

There are different factors to consider when examining indoor vs. outdoor slip and fall claims. For indoor slip and fall claims, the following factors are usually considered:

For outdoor slip and fall claims, the following factors may be considered:

Thus, in any slip and fall case, the court must examine several different factors to determine whether the owner of the premises can be held liable for others’ injuries sustained by a slip and fall. 

Is Liability the Same for Indoor and Outdoor Slip and Fall Claims?

As mentioned, the owner of the premises is usually only liable for those areas that they specifically control. For indoor claims, these usually include common areas such as hallways and passageways. 

For outdoor claims, the owner is usually only liable for the property that they actually own (that is, within the property boundaries). Sidewalks and streets are usually maintained by the city or local municipal government. However, there may be grey areas here, for example, when part of the owner’s property is extending off into public areas (like a branch or overhang of a roof).

Thus, courts will analyze whether the owner of the premises actually controlled the area where the slip and fall occurred, and whether they should have done anything to prevent it. Generally speaking, it’s usually easier to find the owner liable for indoor slip and fall injuries as opposed to outdoor slip and fall injuries. 

Do I Need a Lawyer for Assistance With a Slip and Fall Claim?

The difference between indoor vs. outdoor slip and fall claims can be very great.  In most cases, it’s necessary to hire a lawyer for help with a slip and fall claim. Whether you’re the victim, or the owner of the premises, you’ll be needing the expertise and input of a lawyer. Your attorney can represent you in court and ensure that you understand all the legal options available to you.

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Last Modified: 10-14-2016 12:52 PM PDT

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