Do I Have A Slip-And-Fall Case?
Owners of residential and commercial property have an obligation to ensure the safety of their premises. When they fail to do so, they put residents, employees and visitors at risk for accidents, including slip and falls.
Thousands of people are injured every year from slipping or tripping and falling due to slick, uneven, cracked or otherwise dangerous floors, sidewalks, stairwells and other surfaces. In fact, according to the National Floor Safety Institute, slip-and-fall accidents account for more than 1 million emergency room visits each year.
Even though an accident occurs on a certain piece of property, liability doesn’t automatically fall to the owner. It must be proven that the owner’s negligence is responsible for the slip and fall.
Understanding Slip And Falls
The term “slip and fall” refers to any personal injury case in which an individual slips or trips and is injured on property owned or maintained by someone else. Many conditions can lead to slip-and-fall accidents, including:
- Wet, broken or cracked floors or sidewalks
- Torn carpeting
- Changes in flooring (slants, dips, etc.)
- Poor lighting
- Narrow stairs and stairwells
- Loose railings
If an injury has occurred, an individual can collect compensation from the property owner or other parties, if they are found to be legally responsible.
Proving Fault Can Be Difficult
If you have been injured in a slip-and-fall accident and want to file a personal injury claim, you will most likely need to prove one of the following:
- The property owner or maintainer should have known of the dangerous condition because a “reasonable” person would have known about it and fixed it.
- The property owner or maintainer knew about the dangerous condition but did nothing to repair or fix it.
- The property owner or maintainer caused the dangerous condition, such as a spill, crack or rip in flooring, or other damage
California also follows the rule of pure comparative fault with slip-and-fall accidents. This means if you somehow contributed to your own accident, your recovery will be lessened by the percentage you were found to be at fault by a judge or jury.
Hire An Attorney To Help With Your Claim
If you have been injured in a slip-and-fall accident and wish to pursue a claim, it is in your best interests to obtain legal representation. A qualified personal injury lawyer can handle your case, allowing you to focus on healing and other aspects of your life.
Due to statutes of limitations, it is also vital to file an injury claim as soon as possible, as time is limited to do so.