Do I Sue the Owner or Tenant?
In a slip and fall case, liability does not automatically fall on one party. Depending on how the property is used and maintained, you may have a claim against the property owner, the tenant, or both. The key issue is control over the area where the fall occurred and responsibility for maintaining it. Our Idaho Falls attorneys can help you identify all of the defendants in a slip and fall injury case.
A property owner is often responsible for structural issues and common areas, such as parking lots, sidewalks, and shared hallways. If your fall happened because of a broken step, poor lighting, or a failure to remove ice from a common area, the owner may be liable.
On the other hand, tenants may be responsible for hazards inside the leased premises. For example, a grocery store may be liable for spills or unsafe floor conditions within the store. In some cases, the terms of the lease will determine who is ultimately responsible for ensuring the premises remain hazard-free.
Shared Fault in a Slip and Fall
Idaho follows a modified comparative fault rule, Idaho Code § 6-801, which affects how compensation is awarded in a slip and fall case. If you are partially responsible for your own injuries, your recovery will be reduced by your percentage of fault. However, you can still recover damages as long as you are not 50 percent or more at fault.
Consider the following example. You fell while walking down the aisle of a grocery store after ignoring a sign warning you of a spill. However, the sign had been up for hours without anyone cleaning up the mess. Your total damages were $100,000, but the jury decides you are 20 percent at fault. This means your total recovery is reduced by 20 percent, leaving you with $80,000.
Insurance companies will often use allegations of shared fault as an excuse to avoid a claim. Even if you were partially to blame, some insurers will use this as an excuse to deny your claim entirely. Our Idaho Falls slip and fall attorneys can ensure you are treated fairly while negotiating a settlement.
