When you think about falling when you’re out in public or at someone’s home, you probably think about the potential embarrassment that comes with a fall. Unfortunately, some falls injure more than just your ego. They can result in serious injury.
If that injury is the result of someone else’s negligence, then you deserve compensation. One of the best ways to accomplish that is through legal action. Read on to learn about slip and fall cases and how to win one.
Was There a Dangerous Condition?
Any property owner or manager has a duty to keep their property in a safe condition. This duty is even stronger when they invite people onto their property, and it is applicable to everyone from homeowners to grocers.
The first thing you need to prove for a successful slip and fall claim is that a dangerous condition existed on someone’s property. This doesn’t mean that the property needs to be the world’s biggest OSHA violation. Slippery floors due to rain or a leak can be enough to prove that a dangerous condition was present at the time you fell.
The Owner Failed to Fix the Condition
Once a property owner is aware of a condition, or enough time has passed that one would assume they know about the condition, they need to take steps to resolve the issue. For example, if someone drops a drink and leaves glass and liquid on the floor, the owner would have a reasonable amount of time to clean it up before a court is likely to hold them liable for injuries.
There’s no hard and fast rule to determine what amounts to a reasonable amount of time. That is a question that is left to juries. If you aren’t sure whether you have a case, then you need to contact a slip and fall lawyer for advice.
Causation and Your Duty of Care
The last thing you need to prove is that the owner’s failure to fix the dangerous condition caused your injuries. You cannot slip and fall in another part of the house and blame it on the water on the kitchen floor.
The court will also look to determine whether you bear any fault. Some states will only allow award you damages if your own negligence was less than 50 percent of the reason you were injured. Speak with your attorney to learn how this might come into play.
Slip and Fall Cases Are Tricky
When you think of slip and fall cases, you might think about people who exaggerate their injuries for a big payout. For many people, however, suffering a slip and fall can result in life-altering injuries, and they deserve to recover from those injuries. If you’ve suffered an injury because of someone else’s negligence, then it’s important for you to reach out to an attorney to help you determine your next steps.
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