Slip and Fall Accidents
When does slip and fall liability take effect?
Slip and fall accidents occur in large numbers, and in the United States and other countries, victims suffering significant injuries may be entitled to financial compensation under the law.
The vast majority of slip and fall cases are built on the assertion that the accident was the fault of the property owner and not the victim. These lawsuits claim that the owner was negligent about the maintenance of the property, allowing dangerous conditions to exist which led directly to the slip and fall incident.
If you suffered a serious back injury, neck injury or other bodily harm as the result of a slip and fall which could have been prevented through proper care and upkeep of the premises, you may have the basis to file a claim. Personal injury lawyers typically handle slip and fall cases.
Do You Have the Basis for a Slip and Fall Claim?
Property owners typically use one of two strategies to exonerate themselves from slip and fall liability, and you need to ask if they apply to your case. To understand these strategies, it is vital that you understand due diligence or "duty of care," as it is known under the law.
Duty of care obligations require people to act in a manner which reasonably protects the safety of others who may be affected by their actions. In the case of a store manager or property owner, they are required to address any hazard which could reasonably lead to a person slipping, falling and injuring him or herself.
In cases of slip and fall accidents, most defendants argue that they did, in fact, exercise proper duty of care and that they did not have time to discover and neutralize the hazard that led to the fall. The second common defense strategy is to attempt to show that the victim, not the store owner or manager, was at fault for the fall.
Slip and fall settlements depend upon the plaintiff's attorney successfully showing that the store manager or property owner was negligent in his or her safety responsibilities. However, you should expect any settlement you reach to be relatively modest, for two reasons. First, injuries caused by slip and fall accidents are usually relatively minor. Second, it is rarely the case that a slip and fall accident is not at least partially the fault of the victim, which will be reflected in the settlement amount.
It is very important that you discuss the particulars of your case with an attorney to determine whether or not you have the basis for a lawsuit.