The legal status of the injured person is the foundational factor. Invitees (like customers or social guests) are owed the highest duty of care—you must actively inspect for and fix hazards. Licensees (like meter readers) are only owed a warning of known dangers. Trespassers are generally owed very little duty, except to avoid intentionally harming them. This classification directly shapes what you were legally required to do for the person who fell.

This is common. The insurer will often argue the estimate is too high or includes unnecessary work. Do not automatically accept their counter-offer. Have your contractor review the insurer’s estimate line-by-line to identify specific omissions or cost differences. Your contractor can then provide a written rebuttal, justifying their scope and costs. This documented professional disagreement strengthens your position in negotiations and may necessitate involving a neutral third-party appraiser.

You must prove four key elements: the owner/occupant controlled the property; they were careless in maintaining or inspecting it (negligent); a dangerous condition existed that caused your injury; and you suffered actual harm and damages. Critical evidence includes photos of the hazard, incident reports, witness statements, and maintenance records showing the owner knew or should have known about the problem but failed to fix it in a reasonable time.