Have you ever hurt yourself while visiting another person’s property? Maybe it happened while you were at a business, like while shopping in a store, dining in a restaurant, or even walking through a parking lot or on a sidewalk? These types of injuries fall into a broad category called “slip and fall.” Though not every tumble warrants filing a personal injury lawsuit, all too often the damage suffered is bad enough that the only answer is to seek justice and compensation by suing.
Slip and fall injuries that cause significant physical or emotional injury, or that lead to a loss of income or ability, are remedied through premises liability claims. These types of claims are filed when a property owner’s negligence has contributed to or caused another person’s harm. Negligence is a legal term that can be hard to understand, and it doesn’t necessarily apply to every injury that occurs on another person or entity’s property. If you fall because you tripped over your own feet or because your shoes didn’t fit well, a personal injury lawsuit would not be appropriate. But if you suffer an injury that causes you real harm and it was caused by the property owner failing to get rid of a dangerous or hazardous condition, or failing to warn of a dangerous condition, then your slip and fall accident was likely caused by that failure. When that condition exists and you are able to prove that you’ve suffered real harm – often in the form of medical bills, property damage, lost wages, or pain and suffering — you have the basis for a personal injury lawsuit
It is important to note that slip and fall injuries can only be successful if the person who was injured was on the property legally and was not trespassing. Judges and juries hearing a slip and fall case will want to know whether the owner of the property knew about the hazardous condition as well as whether you were supposed to be on the property or not. Questions will be asked about whether the dangerous condition was noticeable, whether the owner would have anticipated that somebody would be on the property, whether warning signs were placed near the hazard, and whether the behavior that you displayed in the run-up to your injury was reasonable.
Though ‘slip and fall’ gives the impression that these types of accidents are minor, the injuries suffered can be catastrophic. People who have fallen on icy sidewalks or wet floors, tripped over obstacles or stumbled over uneven carpeting have suffered fractured band broken bones, traumatic brain injuries, slipped disk and back injuries, and even death. Knowing whether you have reason to file a personal injury lawsuit can be hard without the guidance of an experienced attorney. To speak to one of our compassionate lawyers about your situation, contact our office today to set up a free consultation.