A premises liability claim, often known as a slip and fall claim, is a kind of personal injury claim based on someone sliding (or tripping) on someone else’s property and becoming hurt as a result.
A person who suffers a fall-related injury may be entitled to financial compensation for the harm from the owner or occupier of the premise of the accident. Filing a personal injury lawsuit through a personal injury lawyer can help you win this compensation.
Depending on whether the defendant is the owner of the property where the accident occurred, they may be held accountable for slip and fall incidents. The injured would need to contact a personal injury lawyer if that is the case.
For instance, if you are shopping and fall in New York City, even though the building is rented, a shop can still be responsible for a slip-and-fall incident that occurs on its property because it has full control over the interior. If this happened to you, you may need to consider hiring personal injury lawyers in Jackson Heights, Queens, (or amending this to your local area) for guidance and help.
Injury cases resulting from slips and falls on public sidewalks or in shopping center parking lots may subject the property owner to joint or several liability. Being wounded is never fun or pleasant, especially if it happens as a result of someone else’s carelessness on their property.
This is why you shouldn’t let a defaulter get off scot-free. If you have been a victim, contact a personal injury lawyer. With the services of personal injury lawyers in Houston, you can get the best representation possible. Personal injury lawyers will defend your rights and make sure that you receive adequate compensation to cover the consequences of the fall.
Causes of Slip and Fall Accidents
Cases involving slips and falls can occur in many different ways. Here are several examples:
- Slippery surfaces
- Icy surfaces
- Cords, cables, and wires
- Unsafe flooring
- Poor lighting or visibility
4 Things to Know About Filing a Slip and Fall Lawsuit
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Your complaint is your story and because every story is different, every complaint is distinct. So, if you intend to file a complaint for a slip and fall lawsuit, then these are some things you should have in mind:
- Someone Else Should Be Accountable for Your Injuries
You might not have a case if you are unable to prove that another person is legally accountable for your injuries. You need to ask the following inquiries to help assess liability:
- Who are the potentially liable parties?
- Did those parties act negligently?
- Did they induce or fail to prevent the slip and fall accident?
- Did your own negligence cause or contribute to the accident?
For instance, if you’re injured in a slip & fall on your office premises, you must be able to prove that your employer had multiple chances to prevent this accident. There must be solid proof that the employer’s negligence caused the injuries. Your lawyer will ask these questions to you to build a strong case; learn more here.
For another individual to be held responsible for your injuries in a slip and fall accident, you’ll have to prove that:
- The property owner,
- An employee, or
- An agent of the property,
should have recognized a hazardous condition and removed or remedied the possible hazard, but didn’t do so.
The most important factor to take into account, in this case, is whether a reasonable person would have identified the situation as unsafe. Also, prove whether the property owner (or any representative thereof) had numerous opportunities to address it before the tragedy occurred.
Or if the dangerous material that caused the slip and fall accident was offered by the property owner (or another representative thereof), and it was logically expected that someone would trip and fall as a result.
If you have trouble collecting all this evidence and documentation, seek the assistance of a personal injury lawyer to take care of it for you.
- The Phrase “Reasonable” is Relative
The success of your case may greatly depend on whether the property owner (or any representative thereof) acted in a “reasonable” manner.
Your attorney must demonstrate that the property owner (or another representative thereof) failed to act in a way that a reasonably prudent person would have under identical circumstances in order to establish culpability under the theory of negligence.
When deciding whether the property owner (or another representative thereof) acted fairly, it’s a good idea to take the following factors into account:
- Was the risk factor or obstacle present for a length of time that would have permitted a prudent person to take action against the risk factor?
- Did the person in charge of the property have a procedure for routinely inspecting the property for potential hazards?
- If so, is there documentation proving that the steps were followed immediately before the accident?
- Was the potential risk introduced for a sensible reason? If so, was it still true at the time of the slip or fall?
- Could the harmful object have been removed through precautionary measures?
- Did a lack of visibility or inadequate lighting contribute to the cause of the slip and fall?
- Proof That You Were Not the Cause of the Accident Should Exist
You intend to sue the person in charge of the property, but they may argue that you contributed significantly to the accident.
This legal argument is made conceivable by the idea of “comparative fault.” According to New York’s “pure comparative blame” legal system, each party may be held accountable for a portion of the accident.
Cooperate with your personal injury lawyers when they inquire about the below. This would help them know if you share some of the blame:
- At the time of the accident, were you engaged in activities that would have prevented you from seeing the danger when a normal person would have been aware of it? For instance, were you using your phone to converse or send texts?
- Did you have permission to be there?
- Trial May Take Time
Some trials will last three to five days while others can last months. It all depends on how complicated your case is and the judge who is chosen to hear it.
Since slip and fall cases are not frequently complex, you can anticipate that your trial will be over by the third hearing. You might be entitled to compensation if you win the case.
Slip and fall is a terrible kind of accident that can cause a lot of harm to the victim. Property owners are obliged with the responsibility of keeping their premises safe for visitors. In cases where landlords are negligent of their duties, they can be sued by the victim.
As a victim, you have every right to sue and demand compensation. However, before you sue keep in mind that there are several things to be prepared for. If you still have doubts if your case is strong enough, a consultation with personal injury lawyers in Pasadena can help you move forward.