Walking into the grocery store you fall and injured yourself. You’ve spent a few weeks at home recovering from your injury and have spent countless hours at the doctors having x-rays, scans and the like. You’re not getting paid and your medical bills are mounting, and you wonder if you have any options.
Slip and fall injuries can be serious, and it’s frustrating because a simple errand to the store resulted in this not-so-pleasant situation. You could sue for compensation, but you’ll need to prove who the negligent party was. Our Tate Group law firm attorneys can explain what your options are and how to rectify an unjust event like a slip and fall.
Proving Negligence and Liability for Slip and Fall Accidents
If you’ve injured yourself as the result of a slip and fall accident on someone else’s property due to a defect or dangerous condition, you’ll generally need to show one of the following in order to win your claim for compensation:
That the property owner or caretaker should have known of the dangerous condition because a reasonable person would have known about the condition and repaired it.
That the property owner or caretaker did know about the condition but did not take the steps to repair it.
That the property owner or caretaker actually caused the dangerous condition.
Most property owners, especially those that have customers frequent the premises, properly maintain the public areas. But, there are times when dangerous conditions go unnoticed,or ignored which can lead to an opportunity to address liability.
Slip and fall accidents are common, increasingly so in times of inclement weather. However, the weather does not have to be wet or icy for someone to be injured in a slip and fall. For that reason, it is critical for everyone to understand what is involved when it comes to determining liability in a slip and fall case that results in a personal injury.
One important matter is determining if the owner of the property at which the slip and fall accident happened could have done anything to prevent it. You may presume that the sheer fact of an accident means that the property owner is at fault, but that is not necessarily true.
For example, a leaky roof may contribute to a slippery floor, but if the owner had taken reasonable steps to ameliorate the effect of the leak, such as a drainage grate installed into the floor to limit slipperiness, it may be viewed as sufficient to render them not liable for the accident. Of course, each case is different and the facts of each case need to be thoroughly reviewed with a local law firm. You might want to pursue a personal injury lawsuit.
Property Owner’s Negligence
Some slip and fall cases do present clear liability for slip and fall accidents when the property owner can be shown to be liable either by having caused the accident or by having failed to prevent it from happening to begin with. If there is a dangerous condition that a reasonable person should have noticed it and fixed it, the property owner can be held liable for slip and fall accidents due to the dangerous condition.
If the property owner did notice the dangerous condition but didn’t do anything about it, that also is cause for holding him or her liable. This can happen when a property owner decides to not address dangerous conditions because he does not want to spend the money to do so.
By considering these points, you can decide with your attorney at Tate Law Group if you have a case worth pursuing after you are in a slip and fall accident.