Property owners, especially businesses like restaurants and shopping centers, have a responsibility to maintain their premises so that people are not injured by any dangerous conditions. Should the property owners fail on their obligations, it is the right of the accident victim to pursue legal action in order to obtain financial compensation for their pain and suffering.
Examples of Slip and Fall Situations
Here are some common examples of how slip and fall injuries may occur:
- Broken and uneven sidewalk
- Wet tile flooring
- Bumpy or pulled up carpeting
- Weather conditions (ice, snow, etc)
- Poor lighting or proper procedural instructions
- Potholes or other road deviations
- Manholes or steps without warning
Since slip and fall cases take place on someone else’s property, it is important for you to determine if the owner of the property is truly responsible for your injury. To begin with, ask if your incident meets one of the following criteria:
- The owner of the premises or an employee caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
- The owner of the premises or an employee knew of the dangerous surface but did nothing about it.
- The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
In addition to considering one (or more) of these possibilities, you also have to assess your own behavior at the scene of the accident. You must ask yourself questions like – “did I have a legitimate reason for being there?”, “was I behaving normally or in an unsafe manner?”, “was I paying attention to my environment or was I distracted in some way?”
When trying to determine liability, it is just as important to convince a judge and jury that you were behaving properly and not just that the property owner may have been at fault.
As you assess your situation, be sure to note the details of the environment you are in. Tell insurance adjusters and your legal representation about any lack of lighting, signage, or haards that may have existed when you became injured.
What You Can Do
The firs thing you can do is gather is much information as you can regarding your injury. Be certain that you slipped where any normal person would have, and that you were not being negligent. Also document as much of the situation as you can to make a strong case that you encountered a dangerous and preventable situation on someone else’s property, and that you had every right to be there.
What You Need To Know
Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition. A slip and fall victim that experiences injury may be entitled to file a claim against the property owner citing premises liability. When slip and fall injuries occur, victims can be left with serious, painful and long-term after effects.
We Can Help
If you you are a victim of a slip and fall injury, please feel free to contact us online or call 1-800-603-6833. All consultations are free of charge and will be answered as soon as possible.