The term ‘slip and fall’ refers to a personal injury claim that is filed when an individual is harmed due to a slip, fall, trip, etc on someone else’s property. It’s a form of negligence that falls under the legal concept of premises liability. Property owners may be liable for accidents on their property if the individual injured is due to a direct result of the property owner’s negligence.
According to the law, property owners must exercise reasonable care in maintaining their property and to keep it safe for customers, visitors and patrons. The property owner could be held liable if he is found to have breached a duty which led to the injury. Of course, the case will vary based on whether the plaintiff was on the property legally or was trespassing. Some examples of dangerous conditions that could lead to someone being injured or slipping are:
- Torn carpeting
- Poor lighting
- Changes in flooring
- Narrow stairs
- Wet floors
- Broken or cracked public sidewalks
- Falling down a flight of stairs
- Snow, ice, rain or a hidden hazard such as a pothole that causes someone to slip/fall
Lawsuits involving premises liability can be especially challenging in determining who is responsible for the injury. There is no precise way to determine whether or not someone is legally responsible for your injuries if you fall/slip. Each case is unique and is determined on whether the property owner acted responsibly so that falling was not likely to happen and whether you were personally responsible by being careless in your actions. The dangerous condition must present an unreasonable risk and one that the injured party should not have anticipated under the circumstances. Obviously, people must avoid obvious dangers. The following is a list of conditions that must be shown in order for the property owner to know of a dangerous condition:
- The owner created the condition
- The owner knew the condition existed and negligently failed to correct it
- The hazard existed for such a very long period of time that the owner should have discovered and corrected it prior to the accident
If you feel that you have been injured due to the negligence of a property owner you should seek compensatory damages for your injuries as soon as possible. Whether it was an injury at a business such as a grocery store or work, or in a residential location, you can legally sue to seek a compensation claim to help pay for your injuries/damages. Cases involving premises liability can be complicated and take considerable time. For instance, more than any other type of personal injury case, a premises liability case is more likely to go to trial rather than being settled out of court. Consultation with an experienced personal injury lawyer in Alabaster will significantly help you in your decision-making. It will allow you to discuss all legal avenues available to you and the merits of your case.
