Pre-Settlement Funding for Slip and Falls
Slip and Fall Claims
Slip and fall claims involve injuries that occurred on someone else’s property. Slip and fall cases are the most common type of premises liability case, but premises liability can also construction accidents, and other accidents caused by hazards that the person who controlled the property either knew or should have known about. At Graylock, we help clients engaged in slip and fall claims and other premises liability claims with pre-settlement funding.
Slip and Fall Cases
If you fell on someone else’s property and injured yourself, you might have a slip and fall claim. Slip and fall claims are claims for injuries caused by a hazard on a property that should have been removed. Slip and fall claims can be made against individuals or companies who either own or control the property where you fell.
Slip and fall claims can be complicated cases because whether someone is responsible for your injuries depends on how you came onto the property. For example, trespassers will not have the same protections as those who were “invited” to the property for business, like customers at Starbucks. And, those who come to a property for leisure will not have the protections as customers.
Regardless, if you have been injured in a slip and fall, it’s extremely important that you make sure to file your injury claim correctly and promptly.
What kind of visitor are you?
Invitee
Invitees are visitors who come onto a property because they were either explicitly or implicitly invited for business purposes. People who visit retail stores and other places of business for the purpose of purchasing a good to service are generally considered invitees. There are also public invitees, which are people who visit public property for the benefit of the property owner. For example, a library, which is usually considered state property, hosts invitees. Those who visit a public or business property after hours while the premises is closed are usually considered trespassers.
Invitees have the most protection under the law because they're visiting the property for the benefit of the owner. Public property owners and businesses hosting invitees need to properly maintain the property to make it safe for invitees. This means that they should inspect the property for any hazards.
Licensee
Anyone who visits a friend's house for, say, a barbecue, is considered a licensee. Licensees are visitors who come onto a property for reasons other than business. They are explicitly invited by the property owner and therefore their own leisure and enjoyment.
Although licensees don't have the same protections as invitees, property owners still have to take reasonable care of their property to ensure that there are no hazards on the property and that any dangers are marked.
Trespasser
Property owners don't have a duty to protect trespassers, but they cannot purposely injure them. There is an exception to this rule for trespassing children called the "attractive nuisance rule." Under this rule, landowners have a duty to take affirmative steps to prevent children from accessing the hazard. For example, children might find an abandoned tree house attractive and may trespass onto the property to climb into the treehouse. Property owners have a duty to either remove it or take other steps to prevent children from climbing into the treehouse, like posting warning signs and installing fences.
What kind of visitor you are can impact how your slip and fall personal injury claim is handled.
Pre-settlement Funding For Premises Liability claims
Like most personal injury claims, slip and fall claims can take a while to settle. Whether property owners and renters are arguing over who was responsible for the hazard on the premises, or a homeowner refuses to tell you who their home insurer is, there are many ways the settlement process can be delayed.
Personal injury pre-settlement funding can help you pay for your medical bills and other bills while you or your attorney negotiate your settlement.
Graylock Services specializes in providing pre-settlement funding specifically for personal injury victims. We’re ready to help. Contact us below or apply today.