Many victims of slip and fall accidents don’t know that they’re entitled to a settlement. Others assume it’s any other accident and won’t hold any party liable for the negligence that caused the fall. Well, some can be a result of carelessness, clumsiness, and lack of concentration from your side.
Falling on someone’s property doesn’t automatically make the property owner liable. You need a personal injury lawyer who understands how slip and fall claim works. They will help you understand whether the private or public property owners are liable.
If you’ve ever been a victim and wondering what action to take, here are all the answers to your questions.
What Is a Slip and Fall Accident?
A slip and fall accident is as simple as it sounds. It generally means a person got injured after slipping and falling in a private, government, or commercial property. These accidents occur due to different circumstances that the law considers avoidable if only the property owner did due diligence.
Some of the things that cause slip and fall accidents include uneven or slippery surfaces. They also include surfaces that have hazardous materials or substances that can cause a fall.
Do I Have a Slip and Fall Claim?
Before anything else, you need to understand whether your accident warrants a slip and fall claim. As you might already know, not all slip and fall result in a legal claim. There are circumstances that may give rise to such claims, and only an attorney can analyze those.
You need a personal injury lawyer with experience in such cases to give you accurate information on whether you should pursue a claim or not. View here to find a personal injury attorney who’s familiar with premises liability cases to help you out.
What Is Premises Liability and How Is It Associated With Slip and Fall?
A premises liability claim involves a situation where a person seeks to hold a property owner liable for an accident that happened within their premises. The property owner, in such cases, is usually held liable for the injuries that the victim suffered. Many premises liability cases involve slip and fall accidents.
Circumstances that warrant premises liability claim include lack of security, poor lighting, defects in the construction and repair work, and dog bites. Some common slip and fall cases that fall under premises liability include slippery floors, wet floors, defective stairs, icy conditions, and more. You must prove that such circumstances caused your fall.
What Evidence Do You Need to Prove a Slip and Fall Case?
For your claim to be considered valid, you need to have evidence that proves your claim. The evidence you present varies with circumstances and type of accident. There are different pieces of evidence that you can gather to present in your PI claim. They include:
- Take pictures of the accident scene
- Get hold of the surveillance footage
- Present your clothing and shoes
- Medical records
- Accident report
- Witness statement
While two or three of these can help prove your case, you need to gather as much as possible to make your case stronger. Your personal injury lawyer can organize and present all these materials and get you the appropriate financial settlement.
How to Determine if There Was Responsibility on the Part of the Property Owner?
All property owners have a mandate to ensure anyone who walks into their premises is safe. They should protect their customers, employees, and guests from any dangerous conditions resulting in slip and fall accidents.
Here are some facts you should look at to determine the owner’s responsibility.
Was There a Safety Concern?
The property owner will only be liable if there were unsafe conditions that caused the fall. You cannot just slip and fall on the normal ground in someone else’s property and claim compensation. Consider whether there was a slippery floor, wet floor, damaged staircase, debris, etc.
Did the Owner Know?
You won’t hold the property owner for any dangerous conditions that they were also not aware of. For instance, someone may have dropped an egg or spilled juice on the floor of a supermarket, then you step on it immediately and fall. The time-frame might not have been enough for the property owner to notice and clear the spill.
Was There a Warning Sign?
How many times have you worked into a building while it’s undergoing cleaning, and you notice a signpost warning you of a wet floor? The property owner is required to caution people if there’s any danger ahead so they can take the necessary precaution. If part of the building is under construction, the property owner must warn people of the possible risks in that area.
Did You Take Responsibility on Your Side?
Before you seek any compensation for a slip and fall accident, you need to ask yourself if you were responsible enough or negligent. You won’t hold the property owner responsible when the danger ahead of you was obvious. You’re expected to walk with your eyes open and be mindful of the dangers ahead of you.
You are responsible for protecting yourself from injuries. This means being mindful and mentally aware of your surroundings. Being negligent on your side can negatively affect your claim and expose you to other legal consequences.
Understand Everything to Do with Slip and Fall Claim Before Proceeding
The property owners are responsible for ensuring everyone that comes to their property is safe. But you’re also responsible for your safety. You cannot just fall in another person’s property due to your negligence and expect compensation.
On the other hand, you can’t allow a slip and fall accident to go without compensation if the owner wasn’t responsible. To avoid getting confused with all of these, make sure you get in touch with a personal injury attorney. They understand everything to do with property liability cases and will help you out.
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