Accidents, by their sheer definition, can happen to anyone, anywhere. However, accidents do vary in where they happen, and to whom. Slip and fall accidents, for example, typically happen on property owned or maintained by someone else. In these cases, the property owner or manager may be held legally responsible.
Slip and fall lawsuits are now also achieving what a recent report said were “jaw dropping” settlements, following the award of $1.93 million to a Florida woman who in 2016 had slipped in a puddle of water near a beer and ice storage unit in a grocery store.
How do slip and fall accidents happen?
Many of these types of accidents take place when there is an uneven floor, carpeting that may be torn or worn out, changes in the material that covers the floor, poor lighting, staircases that are too narrow or uneven or a sidewalk that is broken or cracked.
In other cases, there may be a weather factor affecting the evenness or stability of the floor, such as when it’s wet or slippery due to rain. Ice and snow also play a role, as do hidden potholes in the ground.
How can you prove fault in slip and fall cases?
Proving that someone else is legally responsible for an injury that you have sustained is a tricky endeavor. There is a fine line between claiming that the owner of the property did not act carefully and your own fault at not seeing or avoiding the condition that caused you to fall. The success of your case will depend on whether you are able to prove that the accident took place due to a dangerous condition. And this assumes that you have the capacity to avoid obvious dangers.
What must take place in order for you to prove a dangerous condition existed?
- The owner (or the person using this property) must have created the condition
- They must have been aware of the existence of this condition and acted negligently when it came to correcting it
- This condition must have been present for a sufficient length of time to give the owner or the person using the property time enough to take corrective actions before the slip and fall happened
If you are considering pursuing a slip and fall case, you must prove that the property owner or whoever is using the property at this time must have been aware that their inaction would foreseeably create a dangerous situation. You must also be able to ascertain precisely who the party responsible for your slip and fall was.
What should you do immediately after a slip and fall?
Your actions immediately after a slip and fall happens can have repercussions. That’s why it’s vital for you to follow these steps:
- Notify the owner or property manager of the accident
- Get medical attention as soon as possible, even if your injuries seem minor
Failure to take any of these two steps could jeopardize your right to receive compensation.
What can you expect to recover in a slip and fall case?
Slip and fall accidents can have many consequences in your life. Among them, medical expenses, lost income, and pain and suffering. If you suffered injuries in a slip and fall, you may have the right to bring a premises liability lawsuit against a person, a commercial establishment or even against the government.
Are you pursuing a slip and fall case? Get legal help today
If an insurance company contacts you looking to settle your claim, don’t make any statements and don’t sign any documents are two pieces of key legal advice from attorneys handling such claims.
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For information about slip and fall cases and your rights you may contact contact an Abercrombie, P. A. personal injury attorney for more information.