Slip and fall
Hurt in a slip and fall in Boise?
Callan Injury Law is a personal injury law firm in Boise, Idaho, that helps people hurt in falls on unsafe property. These are called premises liability claims. Attorney Nora Callan looks at what the owner knew about the hazard and what they did about it, and tells you plainly whether you have a claim. The first consultation is free.
Premises liability
What is premises liability in Idaho?
Premises liability means a property owner can be responsible when someone is hurt by an unsafe condition the owner knew about, or should have known about, and did not fix or warn about.
What do property owners have to do?
In general terms, people who own or run a property must keep it reasonably safe for the visitors they expect. That usually means the owner should do 4 things.
- Check the property for hazards on a regular schedule
- Fix a hazard they know about within a reasonable time
- Warn visitors about a hazard they cannot fix right away, like a wet floor sign
- Keep stairs, railings and lighting in good repair
The owner's duty can depend on why you were there. Idaho law treats a shopper, a social guest and a trespasser differently.
After a fall
What should you document after a slip and fall?
Hazards get cleaned up fast, often within minutes. What you record in the first hours can decide whether anyone can show what caused your fall. Do what you safely can.
Photograph the hazard
Take photos of what made you fall before it is cleaned up or fixed. Include the area around it, the lighting and any missing warning sign.
Ask for an incident report
An incident report is the business's own written record of what happened. Ask the manager to write one, and ask for a copy or the writer's name.
Get names and numbers
Write down the names and phone numbers of witnesses and of any staff who came to help you.
Ask about cameras quickly
Many businesses record over their camera footage within days or weeks. We can ask them in writing to keep it.
Keep your shoes and clothes
Put the shoes and clothes you wore in a bag and keep them as they are. They help answer questions about your footwear.
See a doctor and keep records
Get checked soon, even after a fall that seemed minor. Hip, wrist, back and head injuries are common after a fall.
Ice and snow
Who is responsible for a fall on ice or snow in Boise?
Treasure Valley winters bring freeze and thaw days, when melted snow refreezes overnight on walkways and parking lots. A fall on ice can still be the property owner's responsibility.
In general, it depends on what the owner knew, how long the ice was there and what they did about it, such as plowing, salting or warning visitors. Each case turns on its own facts.
Refrozen melt
Snow piled near an entrance melts by day and refreezes at night, often right where people walk.
Parking lots and walkways
Store lots, apartment walkways and office entrances are common places for winter falls.
Gutters and downspouts
A broken gutter or a downspout that drains across a walkway can leave ice in the same spot all winter.
Rentals and apartments
Who must clear snow at a rental can depend on the lease and on the type of property.
Shared fault
What if the store says I was partly at fault for my fall?
This is common. The owner's insurer may say you should have watched where you were going.
Idaho uses a rule called modified comparative fault. Comparative fault means the blame for an accident can be shared, and any recovery is reduced by your share. Under Idaho's version, you can recover only if your share is less than the share of the party you are claiming against.
How fault is divided in a real case depends on the evidence. We look at it with you and explain where you stand.
How shared fault works, in simple examples
Your shareThe owner's share
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Your share 20%, the owner 80%
You may recover, reduced by 20%.
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Your share 40%, the owner 60%
You may recover, reduced by 40%.
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Your share 50%, the owner 50%
Under Idaho's rule, you generally cannot recover.
Simplified examples for general information only. Real cases can involve more than 2 parties.
Falls we handle
Where do slip and fall injuries happen?
Callan Injury Law handles falls on wet floors, ice, broken stairs, loose mats and poorly lit walkways at these kinds of places across the Treasure Valley.
Prior results do not guarantee a similar outcome.
- Grocery and big box stores
- Restaurants and bars
- Apartment complexes
- Parking lots and garages
- Office buildings
- Gyms and pools
- Stairs, decks and railings
- Public buildings
Questions
What do people ask after a fall?
This website is for general information and is not legal advice. Every fall is different. For advice about your own situation, call (208) 555-0132.
How much does a slip and fall lawyer cost in Boise?
Nothing up front. Callan Injury Law works on a contingency fee, which is a percentage of any recovery, agreed in writing before work begins. The agreement also explains how case costs are handled. Read how our fees work.
The store asked me to sign a statement. Should I?
You can take your time. It is wise to talk to a lawyer before you sign a statement or give a recorded interview to the store's insurer. You can still ask for a copy of the incident report, or the name of the person who wrote it.
How long do I have to file a slip and fall claim in Idaho?
Idaho sets deadlines for filing injury claims, often 2 years from the date of injury, and some claims have shorter notice deadlines. A fall on city, county or state property is one example. We can tell you which deadline applies to you.
Is every fall someone else's fault?
No. Some falls are simply accidents. A claim usually needs an unsafe condition that the owner knew about, or should have found, and did not fix or warn about. We will tell you honestly whether your fall looks like one we can help with.
What if I fell at a friend's or relative's home?
A homeowner's insurance policy often covers injuries to guests. Many people worry about making a claim against someone they know. Often the claim is handled by the insurer, and we can explain how that works before you decide anything.
Related practice areas
What other injury cases does Callan Injury Law handle?
Unsafe property is one of several ways people are hurt by someone else's carelessness. See all practice areas
Car accidents
Crashes with careless drivers on Boise and Treasure Valley roads.
Car accident claimsMotorcycle accidents
Riders hit by drivers who did not look.
Motorcycle claimsWrongful death
When unsafe property or a crash led to the loss of a life.
Wrongful death claimsHow our fees work
No fee up front. Our fee is a percentage of any recovery, agreed in writing before work begins.
Read about feesSlip and fall consultation
Talk to Nora about your fall
Call, text or send the form. You will hear back from our team within 1 business day, and usually much sooner. The first conversation is free and there is no pressure to hire us.
Tell us what happened
Contacting us does not create an attorney-client relationship. Please do not send confidential information until we have agreed to represent you.
Thanks, we'll be in touch shortly.
If it's urgent, call us at (208) 555-0132.