If a person slips and falls or trips and falls, there's a chance it was due to a hazard or obstacle that shouldn't have been there.
Or, there should have at least been a warning about the hazard or obstacle.
But if you've been injured in a slip and fall accident, the property owner or a business owner may be liable for your injury.
That means you have the right to file a premises liability claim to receive fair compensation for your damages.
In the article below, we will discuss if you can sue for a slip and fall accident.
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Table Of Contents
- What Is A Slip and Fall Accident?
- Types Of Slips and Falls
- What Are Considered Unsafe Conditions?
- Do I Have A Slip and Fall Claim?
- What Classifies as Negligence?
- What You Must Prove To Win a Slip and Fall Case
- Should I Get A Lawyer For A Slip and Fall?
What Is a Slip and Fall Accident?
A slip and fall accident is more than just taking a wrong step.
A slip and fall or trip and fall accident is a fall due to a hazardous condition.
Every accident won't warrant legal action or require the help of an experienced attorney.
Insurance companies or civil court systems will require evidence of neglect from the responsible parties, like the store owner or property manager.
Personal injury lawyers will help collect that evidence to prove liability for the fall and ultimately come to a settlement agreement with the insurance providers.
Slip and fall accidents will can result severe injuries like traumatic brain injury or even deaths.
Types Of Slip And Falls
Slip and fall accidents can happen at any time and anywhere.
Some of the most frequent places they occur are:
- Sidewalks
- Public transit stations
- Casinos
- Parking lots
- Office buildings
- Retail stores
- Grocery stores
- Hotels
- Restaurants
- Private residences
The different types of slip and fall accidents are determined by the circumstances surrounding the fall.
Common types are:
- Slippery floor slip and falls
- Ice slip and falls
- Stair slip and falls
- Slip and falls with or without warning signs
- Residential slip and falls
- Landlord slip and falls
- Sidewalk Slip and falls
Depending on the type of accident, the location, and the type of property, different laws and types of financial recovery that apply to your accident.
After receiving medical treatment, you need to speak with a personal injury attorney to ensure you don't miss deadlines for taking legal action and filing a personal injury claim.
What Are Considered Unsafe Conditions?
The basic idea of a slip and fall case revolves around a hazard or obstacle on the property that caused you to slip and fall and resulted in medical expenses and other damages.
Premise liability laws require that the property management keep the premises in a reasonably safe condition.
Perfection isn't expected.
Examples of hazardous conditions include:
- Debris on public walkways
- Unmaintained structures
- Accumulated precipitation
- Wet floors
- Cracked city sidewalks
The list above does not include every hazardous condition.
But it does illustrate what may prove dangerous to visitors and guests.
Property owners must keep visitors and invitees safe and take this responsibility seriously.
Do I Have a Slip and Fall Claim?
As we mentioned above, there won't be grounds for personal injury lawsuits every time someone slips and falls.
To have a slip and fall claim, the property owner needs to know that the hazard existed and they did nothing to fix it or provide an adequate warning about it.
Did the Property Owner Know the Hazard Existed?
You can't blame a property owner for a hazard they couldn’t reasonably know about.
But this element of a slip and fall case can allow for a debate about reasonable safety measures.
However, many premise liability cases involve property owners that knew about the hazardous conditions but still refused to act to keep the premises safe.
It can be difficult to prove that the property owner or business manager knew, or should have known, about the hazard.
That's why you should discuss your case with an experienced premises liability attorney who can help you through the negligence claim process.
Property Owners Did Not Warn Visitors About the Hazard
As soon as a property owner finds out about a hazard on their property, they need to have it fixed.
Or, they need to make every reasonable effort to warn visitors, guests, and customers that it exists.
Signs have to be placed in areas near the hazard that are obvious and easy to see.
A poorly placed sign or warning can still constitute negligence on the part of an owner who knew about the hazardous condition that caused your type of injury.
What Classifies as Negligence?
Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under similar circumstances.
Negligent behavior usually consists of actions but can also consist of omissions when there is some duty to act.
An example of negligence in a slip and fall case would be poor lighting, loose carpet, or a slippery floor that causes someone to slip and fall, resulting in a head injury.
What You Must Prove To Win a Slip and Fall Case
It can be challenging to prove the fault of the property owner in a slip and fall case.
The property owner, their insurance adjusters, and their lawyers will most likely argue that you had some or all of the fault in your accident.
To prove a property owner’s negligence, you have to prove that either:
- The property owner should have known of the hazard
- The owner or an employee knew about it but didn't fix it
- The owner caused the dangerous condition
Timing can be an essential factor in a slip and fall compensation claim.
If a dangerous condition existed for a while, and a property owner took no steps to remedy or warn of the hazardous condition, you may have a claim.
Should I Get a Lawyer for a Slip and Fall?
Since proving negligence can be challenging in slip and fall cases, it's in your best interest to work with an experienced slip and fall accident attorney.
Having a slip and fall lawyer by your side can reassure you that your accident claim will not be denied.
A lawyer with Helping The Hurt will fight for your rights to compensation and work in your best interests throughout the entire legal process.
Do not wait to get legal advice.
Each state has a statute of limitations for personal injury cases, which are time limits to file injury claims.
If you don't file your case within a specific timeframe, you may not be able to pursue any compensation.
Contact the skilled slip and fall attorneys with Helping The Hurt help today so they can help with your injury claim, get started on the negotiation process, and ultimately get you the compensation you deserve.
References:
https://www.samndan.com/nyc-premises-liability-lawyer/slip-and-falls/
https://www.johnfoy.com/faqs/can-you-sue-for-a-slip-and-fall-injury/
https://bencrump.com/slip-and-fall-injury/can-you-sue-for-a-slip-and-fall-accident/
https://bencrump.com/slip-and-fall-lawyer/how-do-you-prove-negligence-in-a-slip-and-fall-case/
