What constitutes a slip and fall case?
You may not give much thought to slip and fall accidents but they happen much more frequently than you might imagine. The National Floor Safety Institute reports that slip and fall accidents account for over one million visits to emergency rooms every year and are the main cause for lost days at work.
As far as consequences of slip and falls, fractures account for 5% of all falls but hip fractures lead to the greatest health issues and number of deaths.
What qualifies as a slip and fall accident?
Slip and fall is a legal term that is used to define a personal injury case that involves an individual slipping or tripping and then falling and injuring themselves on someone else’s property. These cases fall under premises liability claims and the property owner or manager may be held legally responsible for this incident.
What conditions tend to be present for a slip and fall to occur?
There are many conditions that lead to these accidents and they range from having poor lighting to stepping on torn carpeting or a wet floor. Also, stairs that are too narrow, changes in flooring, objects left in the pathway, or weather events such as snow, hail, or puddles caused by rain, just to name a few.
In order to collect in a slip and fall claim, an injury must be present.
What must you prove in a slip and fall case?
There is a fine divide between whether the property owner or manager acted negligently in not correcting the danger and whether you were careless or distracted and failed to see a potential hazard right in front of you.
It falls upon the person injured to prove that the accident happened due to a dangerous condition. Also, they must prove that the owner or manager of the property where the accident took place knew about this condition and took no action to correct it. And that this condition could not possibly have been anticipated by the injured person.
For this proof, three points must be shown:
1) That it was the manager or owner of the property who created this condition
2) That they knew this condition was present and took no action to fix it
3) That the length of time that the condition was present was long enough for the manager or owner to have discovered it before the slip and fall took place
Can I sue for a slip and fall accident on commercial property?
If you slip and fall in a restaurant, retail store, or another commercial establishment, you must prove that the owner, manager, or an employee of this commercial property caused the spill or dangerous condition on the floor, knew of the dangerous surface condition, and also that they should have known that this condition was dangerous.
In these cases, liability is determined by common sense, taking into account whether the steps taken by the owner, manager, or employee were reasonable in keeping the premises safe.
Get Legal Help for Your Slip and Fall Accident
Whether you were injured in a commercial, residential, or government property, it is important that you talk to a slip and fall lawyer about your accident. They can help you understand your legal options and help you with every step of your case.
Image via Pixabay
Image via Pixabay
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