Disclaimer: The information presented below is meant to serve as a quick guide to what you must prove to win a slip and fall injury claim. This shouldn’t replace legal advice. That you can get from a licensed lawyer dealing with personal injury cases.
If you’re a fan of beauty pageants, you might have found yourself laughing at any one of their contestants who suddenly slip and fall while strutting onstage. In front of the judges and an equally judgmental audience. However, you might not get to laugh at all once you experience a slip and fall accident yourself while walking on your way someplace. You can thank your lucky stars should you ever come out of your slip and fall accident. Without sustaining any major injuries. Otherwise, you can file a slip and fall injury claim. But first, you must prove the following to win your claim:
The owner or any of their staff working on their property had a duty to protect anyone who sets foot in it from any harm that they can reasonably prevent from ever happening.
The mere fact that someone owns a certain property and letting any of their staff work there means they have a legal obligation to implement a reasonable standard of care. So that all those who decide to walk in there wouldn’t experience getting injured when all they wanted was to visit the premises.
- Part of exercising a reasonable standard of care means that the property owner or any of their staff working there should do regular spot checks of the place itself. They also have periodic maintenance performed on any areas identified as either potential or already existing hazards. Since most – if not all – slip and fall accidents are preventable.
But for private properties, their owners and staff are only expected to perform their legal duty of care to certain people. Who have been allowed to enter inside their premises. Whether they may be guests attending a certain function held or tenants who are renting space in there.
The spot where your slip and fall accident had occurred would’ve been instantly identified as dangerous to walk on. Consequently, having a warning sign installed. By a reasonable person if they were in the shoes of the property owner or any of their staff.
- You thought at first that your casual stroll inside a property that you’ve already visited before would turn out to be alright per usual. But all of a sudden, your foot stepped on a wet, cracked or uneven floor. Much to your surprise. You’ve gotten yourself in a slip and fall accident faster than you can finish reading this.
- If the property owner or any of their staff working there had exercised their legal obligation to prevent slip and fall accidents from occurring on its premises. They should’ve put up a warning sign notifying you and its other visitors that a certain area is accident-prone.
- Otherwise, the property owner or any of their staff can be held accountable for not taking the time to install a warning sign. For the accident-prone area.
- The slip and fall lawyer that you’ll be hiring to help you with your injury claim will collect testimonies. From other owners of almost similar properties or even a structural engineer. This is to prove that the accident that happened to you while walking inside the property in question could’ve been avoidable at best. A lawyer can also help you when you’ve incurred the slip and fall injury. Which eventually caused wrongful death.
You didn’t cause your slip and fall accident at all.
As much as you have some legal options to use at your disposal. The owner of the property where your slip and fall accident occurred or any of their staff working there are also allowed to defend themselves. Against any injury claims. That you’ll be making against them. They may even shift the blame to you. If you’re not careful to absolve yourself from any liability in the slip and fall accident that happened to you.
- Thus, when walking inside any property. You shouldn’t do so while doing something else like texting or eating food. If you have to do anything other than walking. You should walk your way to a corner and finish it there first.
- You also shouldn’t ignore any warning signs that the owner of the property where you’ve set foot or any of their staff working there had put up. As they’ve done their best to exercise their legal obligation to protect you from a slip and fall accident that way.
- And most importantly. You shouldn’t try to sneak your way inside any property where you’re not allowed to enter at all. To prevent you from being held liable for trespassing. Even if you slipped and fell while doing so.
The average person might instantly dismiss a slip and fall accident that happened to them as one of those bad luck days. Especially if they got out of it unharmed afterwards. But you can’t simply dismiss your slip and fall if you’ve sustained physical injuries from it. Similarly, if you unable to resume your normal routine as a result. Thus, you should make a slip and fall injury claim against the owner of the property. Where the accident itself happened so that they can be held responsible for causing it. However, you must prove the things listed above first so that you can win your claim and get awarded compensation. That you can use to help you recover more quickly.
Adeline Robinson is one of the most promising young law writers. She writes pieces on law topics for common readers. She is an avid sports fan and loves watching games if she has free time.
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