One of the most common personal injury lawsuits involve slip & fall accidents. There have been a number of different reasons a property owner is held liable in this situation. Perhaps they used a type of floor wax that made the surface too slippery. In many instances, having the courage to file your case can prevent others from being injured, as well as getting you the justice you deserve. Another example could be a large hole in pavement where someone could twist their ankle. Was it the responsibility of the property owner or town to maintain that? An attorney, like a personal injury lawyer Chicago IL relies on, can help as schools and some publicly-owned municipal properties have different liability shields than private property in these cases. One important element in winning cases: can the victim and his or her attorneys prove that the property owner or manager’s negligence or recklessness led them to suffer a significant injury that resulted in hospitalizations or extensive medical treatment. In order to prove negligence or recklessness two questions must be answered. First, it is important to determine what cause you to fall. A more complex question, was anyone working for that company aware of the unsafe conditions?
Slip and fall cases are based on negligence law. If a property owner was not negligent, there will be no liability, and you will be unable to proceed with a slip and fall case. In cases involving slip and fall accidents, victims must prove that either:
- The property owners failed to maintain the property
- The property owners created unsafe conditions which caused the injury
- Or, that the property owners knew about the dangerous premises or unsafe hazard but did not alert visitors or tenants to this fact.
It is also important to prove whether or not the unsafe condition was permanent or temporary.
In instances where the condition was temporary, the length of time it existed may make it difficult to prove your case. In cases of snow, was the build up that day due to a huge storm or that property owner did not have a way to regularly apply salt and remove ice and snow on a regular basis. If you are able after falling or slipping, take a picture of what ever caused you to fall. A photograph of what caused your injury could go a long way in proving liability.
Some people are hesitant to file a lawsuit after falling in public because they are often embarrassed or consider themselves clumsy. However, if you suffered significant injuries in a slip and fall accident at someone else’s home or business as a result of negligence, you may be able to file a lawsuit to seek fair compensation for the harms caused to you. Slip and fall lawsuits help seriously injured victims recover the costs involved to pay for their care, if their injury prevents them from working, or for emotional distress.
Thanks to our friends and contributors from The Law Offices of Konrad Sherinian for their sight into slip and fall recovery.
