The simple answer is yes, if a delivery driver slips while making a delivery, a property owner could be sued. But determining if a suit can or should be filed is actually complicated. If you are a delivery person that has been injured on the job, your company may offer reimbursement for medical care expenses and that may be sufficient for you. However, you may also have a case against the property owner, especially if the injury occurred because of their negligence. Negligence means that the property owner failed to use reasonable care in connection with the property. But even in cases where the owner was negligent, you might still need to prove the owner knew or should reasonably have known that the premises were in an unsafe condition, and still failed to take proper steps to remedy the situation. That is why getting an experienced personal injury lawyer, like Sugarland Attorney Adam Capetillo, may be necessary to sort it out.
When any delivery serviceperson steps foot on a property, the property owner generally assumes a level of responsibility for their safety. That level of responsibility assumes two specific details:
• The property owner has maintained their property and dwelling, so it does not present a danger to themselves or anyone that crosses into the boundary line onto their property.
• Any visitor to the property will respect basic safety considerations while on the property and not go out of their way to cause harm to themselves or others.
Delivery service specialists, like Amazon, operate under the same service guidelines observed by other delivery organizations such as Door Dash, Instacart, or the US Post Service. Delivery people that must enter a property area to make their deliveries must respect the property and behave in a safe manner.
Unfortunately, accidents can occur and if a delivery person slips and falls or in some way was injured in the normal course of their job, it can lead to legal action against the property owner. To avoid paying damages, the property owner may need to show that they were not responsible or negligent in this situation.
If you are a delivery person who suffered an injury on a property, you could sue for compensation. This could mean:
• Recuperating any wages lost due to an inability to work because of the injury
• Compensation for any medical bills, including physical therapy
• Long-term medical care caused by permanent injury
• Possible mental anguish due to the injury
Understand Your Environment
Depending on who owns the property or where and how the injury occurred may influence if you have a lawsuit. Property owners need to take preventive measures if they want to increase protection against such lawsuits. Apartment buildings and businesses for example are responsible for the upkeep of the property meaning proper maintenance of the grounds, stairwells, pathways etc. So, if a delivery person slips and falls on the stairs because the stairs are poorly built or maintained, the building’s owner and/or operator may be liable for any damages to the delivery person. On the other hand, if a delivery person is invited into an apartment and slips and falls while inside due to a wet floor, the renter could be personally liable.
A homeowner has their liability outlined in their homeowner’s insurance policy and they are generally responsible for anything that occurs within the property boundary. But just because an accident occurs on their property does not necessarily make them responsible for that incident. If you, as the delivery person, were running or jumping and your own actions led to a fall, the homeowner may not be liable for your injury. You should always be careful to act appropriately and safely while making deliveries.
Having said that, if the property owner fails to mow the lawn or clean icy walkways or steps, or fails to keep their property free from debris and other obstructions, they may be responsible for your accident. If a delivery driver slips in the course of their job, it is reasonable to determine why he/she fell. The point is, as we said in the beginning, it may not be easy to decide if a lawsuit is reasonable or needed. Contact Sugarland’s personal injury lawyer, Adam Capetillo, for a consultation to find out.
Contact Us Today
To seek legal advice on how to proceed with a personal injury lawsuit, contact Adam Capetillo today. Call (346) 249-5544 to talk on the phone or set up a free consultation.