Slip & Falls Attorneys
When you hear the term slip and fall, this is usually referring to a personal injury case caused as a result of slipping or tripping on the property of someone or a business. This type of case typically is classified under a claim pertaining to premises liability.
Slip & Falls
Generally, a slip and fall occurs on a property that is maintained or owned by another party, who can be held legally responsible for any injuries. There can be several conditions that can be dangerous such as poor lighting, changes in the level of the flooring, carpet that is torn, a floor that is wet or stairs that are narrow. All these conditions may potentially contribute to someone experiencing a slip and fall accident that causes them injuries. This can also apply to a slip and fall at work or even a slip and fall on an uneven sidewalk.
The same situation is applied to cases when someone happens to trip on a public sidewalk that is cracked or experiences falling down the stairs in a public place. A case pertaining to slip and fall may also occur if someone has taken a fall or has slipped out in public due to rain, a pothole, snow or ice. With such scenarios, the plaintiff must have endured some form of injury, even if only minor, so that the plaintiff may be eligible to collect.
These are some general guidelines to aid you in comprehending whether another party was responsible for your slipped and fell that resulted in some form of personal injury. When it comes to a case that the person was injured by a slip or fall that took place on the premises of another person, the injured party is required to provide proof that the owner of the property had knowledge about the existence of a dangerous condition. Therefore, the condition that is considered dangerous must generate a risk that is unreasonable for the person who was on the premises at the time, and a condition that wouldn’t had been expected. This means that people should be aware about their surroundings and avoid any visible dangers. Here is how you would know if the property owner was aware of the dangerous conditions by proving that:
- The one who possesses or owns the property engaged in the creation of the condition that was dangerous.
- The one who possesses or owns the property had knowledge of the prior existence of the condition and was negligent by failing to fix the condition.
- The condition had been present for some time already that the owner should have been aware of the problem and should have fixed it before the slip and fall accident.
In order for the possessor or owner of the property to be kept responsible for the accident, it must be understood that their negligent behavior caused the dangerous condition at questioned.
When it comes to being compensated for an injury from a slip and fall that happened on someone’s property, that third party’s negligence should be at fault for the injury. In some cases, many people are not aware that their injuries might have been their fault, for being careless.
In order for someone to be considered legally liable for the injuries that were sustained by a person as a result of a slip or a fall that took place on the property of another party, the owner of a restaurant, store or some other type of business:
- Must have engaged in the creation of the spill, torn or worn areas, slippery area or other form of dangerous surface
- Must have knowledge of the area that was dangerous and yet did not take action to correct the problem.
- Or should have been aware of the area that was dangerous since a person who is responsible would have noticed and fixed the problem.
When it comes to the matter of deciding liability in these cases, there is the application of common sense. The law decides if the owner took the necessary precautions to keep the property safe. When accidents like slip and fall cases happen on commercial property, there might be more than one person responsible for the injuries.
Landlords can be held responsible for any slip and fall accidents that occur in the residential area.
In order for a landlord to be considered liable for an injury, the tenant must provide proof that:
- The landlord possessed control in relation to the condition which impacted the slip and fall.
- It would not have been immensely difficult or expensive to repair the condition.
- An injury that was serious resulted from a consequence that was foreseeable regarding the lack of addressing the condition that was dangerous.
- The failure of the landlord to implement steps to prevent an accident that led to the slip and fall injury
If a slip and fall injury takes place on premises that belong to the government then different rules will be applies. However, there are very strict requirements that protect government entities from injury liabilities while on their property. If you have a slip and fall case that might be government related the best thing to do is to discuss your options with an attorney.
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Employment Law – Civil Rights – Personal Injury