The phrase “slip and fall” describes a personal injury case in which a person slips, falls, and becomes injured as the result of a hazardous condition on someone else’s property. Conditions can exist or arise either outside or inside a building or other structure, posing a risk. Inside a building, conditions such as wet floors, torn carpeting, or narrow stairs can cause a person to slip and hurt him or herself. Outside, someone may slip due to rain, ice, or snow. People who suffer slip and fall accidents that result in injury can be potentially eligible for damages whether the property is commercial, public, or residential. All property owners have some responsibility to ensure that an environment is safe.
Slip and fall accidents are in the category of “premises liability” cases – which center on the responsibility of a property owner to care for the property – and are governed under negligence law. The key to winning a premises liability claim is having proof of negligence. It isn’t always easy to prove that a property owner knew – or should have known – about the danger on his or her property and failed to have it repaired or removed.
Example: If you slip and fall on a piece of fruit in a grocery store, it would be difficult to prove when the piece of fruit first fell on the floor. Further, it would be hard to prove that the store “knew or should have known” about the hazard. As plaintiffs bear the burden of proof, you can see the difficulty in proving a particular case such as this.
Structural Defects
Structural damages to a building and surrounding area can be significant causes of injury. Uneven steps, cracked and uneven sidewalks, and parking lot potholes can all present hazardous situations to a building’s visitors. But again, to prove negligence, you would have to show that the property’s owner knew or should have known about the problem and did nothing to rectify it.
Negligence can also be proven when a property owner violates a statute, such as not having installed handrails, and an injury occurs as a result.
If you or someone you love has been injured in a slip and fall accident, call Wattel & York, Attorneys At Law, now at (877) 572-4143 or submit a simple case form. (Links to the case form page) Call us now! You may have a valid claim and are entitled to compensation for your injuries. But remember, a lawsuit must be filed before the statute of limitations expires.
