Slip and Fall Accident Lawyers
What is a Slip and Fall?
A slip and fall is a type of claim that invokes the doctrine of premises liability. As the name suggests, a slip and fall occurs where a dangerous surface causes a person to slip and fall. Whoever caused the dangerous condition may be liable for losses incurred by the injured in their fall.
Slip and fall cases, like many cases in personal injury law, do not occur because of what a person does, but because of what a person failed, or neglected, to do. This negligence, such as failure to put up warning signs, clean up spills, or other duties related to the responsibility of possessing property, makes the owner liable. Often this liability lies with business owners or homeowners.
However, property users like renters or leasers may be liable for slip and fall accidents that result from conditions under their control. Liability may also lie with public entities, like cities, that allow dangerous conditions to occur on publicly controlled surfaces like potholes on public roads or cracks in sidewalks.
What Do You Have to Show to Win a Slip and Fall Claim?
Slip and fall claims must contain the basic elements of any personal injury case, i.e., they must show that person (or entity) in control of the surface had a duty not to allow dangerous conditions, that they breached that duty, that injury occurred and that the breach of duty caused the injury. The duty breached may be a statutory duty, like that a code that requires stairs to be a certain height, or the duty my result from the reasonable standard of care that requires every person to take care not to injure others.
What Defenses Can Make a Slip and Fall Claim More Difficult?
Slip and fall cases have a diverse amount of defenses. Most of these defenses rely on defeating certain key premises of any personal injury claim:
- There was no breach of duty. The store is not responsible for the parking area where the plaintiff fell.
- All reasonable care was taken to prevent the injury. If there were wet floor signs and employees were cleaning up moments after the spill, then the store had taken every precaution to prevent the accident, fulfilling their duty as property owners.
- The injury did not occur because of the accident. The plaintiff’s prior medical history is often examined to determine if other events caused the injury.
Do I Need a Lawyer For My Slip and Fall?
If you have suffered a slip and fall accident because of the negligence of the property owner, then a personal injury lawyer can assist you. An experienced personal injury attorney can help guide you through the complicated legal process.
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Last Modified: 05-30-2012 11:46 AM PDT