Slip and Fall at the Holiday Party: Is the Homeowner Always Liable?

Slip and fall injuries can occur just about anywhere, including someone’s home. In many cases, the homeowner may be liable for any injuries that occur on their property. However, there are some exceptions to this rule. In this article, you will learn about slip and fall injuries at the holiday party and who is liable for them. 

Premises Not Secure

The holiday season is packed with tons of parties in various homes across the big apple and injuries can occur. The attorneys working at InjuryClaimNYCLaw explain that a homeowner may be liable for them if the premises aren’t secure. This is a situation when a homeowner needs to face consequences for a slip and fall injury. 

For example, if there’s an icy sidewalk and the homeowner didn’t shovel it or put down salt, they can be held liable. The same goes for if there’s water on the floor and no one cleans it up, the homeowners are responsible. 

It’s important to be aware of these things because you don’t want your holiday season to be ruined by an unfortunate accident. If you or someone you know has been injured in a slip and fall, contact an attorney who will tell you if you have a strong case or not. They’re happy to help you get the compensation you deserve.  

What Was The Situation?

When you want to claim compensation for an injury, you need to assess the whole situation to determine who was at fault. If you were the victim of a slip and fall on someone else’s property, the first question you need to ask is what the situation was. Were there stairs involved? Was the floor wet? Was the carpeting in good condition? All of these factors can play into whether or not the homeowner will be held liable for your injuries.

The next factor to look at is whether or not the homeowner knew about the hazard. If they did and did nothing to remedy it, then they may be held liable. However, if the hazard was something that they couldn’t have reasonably known about, then they may not be held responsible.

However, if you get drunk at a holiday party and get in trouble yourself, the homeowner likely won’t be held liable for any injuries that you sustain. So, the situation is always a key factor in determining liability.

Common Causes Of Slip And Fall 

It’s important to know what can cause a slip and fall injury for you to see who can be held liable, especially at a crowded holiday party. These are the following:

• Wet Floors: If there was a spill and no one cleaned it up, the floor can become very slippery. The same goes for if it’s raining or snowing outside and people are tracking in water.
• Uneven Surfaces: If there are cracks or holes in the floor, someone could trip. This also includes rugs or mats that are not lying flat.
• Poor Lighting: If it’s hard to see, people can miss a step or trip over something. This is common in stairwells or hallways that don’t have enough light bulbs.
• Clutter: If there is too much stuff in one area, it can be easy to trip over something. This includes things like boxes, clothes, or toys.
• Loose Wires: If there are cords or wires running across the floor, people can trip over them. This is common in office buildings or homes with a lot of electronics.
• Fights: If there is a fight or scuffle, people can slip and fall in the commotion. This is common during home holiday parties.

Your Own Carelessness 

If you aren’t careful yourself and you slip and fall, the homeowner generally won’t be liable. For example, if you spill a drink on the floor and don’t clean it up, then slip in it, the homeowner isn’t likely to be held responsible. Similarly, if you know there’s an icy spot on the sidewalk and choose to walk over it anyway, the homeowner probably won’t be liable for any injuries that occur. Courts have found that people who are injured because of their own carelessness generally can’t recover damages from another party.

Shared Fault

When determining fault for an accident, it’s not uncommon for courts to find that more than one person is at fault. This is called shared fault, and it’s an important concept to understand if you’ve been injured in an accident.

Shared fault means that the court finds that both parties involved were at least partially responsible for the accident. For example, if you slip and fall on someone’s icy driveway, the court may find that you’re 20% at fault because you should have known to be careful in those conditions. The remaining 80% would be placed on the property owner.

Holiday parties can get wild and slip and fall injuries are common in those situations. You need to know that you’re entitled to compensation if the premises aren’t safe, but it’s not the only factor that plays a role. There are a lot of common causes of these accidents and when you’re being careless, you cannot sue. Finally, oftentimes there’s a shared fault settlement that holds multiple parties liable. Be careful and cautious at holiday parties!