Every year thousands of people are injured in slip and fall accidents – some seriously and others not so seriously. If you have suffered a slip and fall accident, you are far from alone, but the fact that you have plenty of company will probably not make you feel any better.
When you are the victim of a slip and fall accident, one of the first things you want to know is who is at fault. You want to know if the owner of the property could have prevented the accident or done things differently. You want to know who will be responsible for your medical bills and your pain and suffering. Simply put, you want to know who is to blame and what to do next.
It is important to realize that the property owner may not be at fault, even if a deficiency on their property caused the slip and fall accident. If, for instance, a leaking roof created allowed water to build up and create an icy patch, the owner is not immediately liable for the resulting damages. The presence of a floor drain or other mechanism designed to prevent the buildup of water could shield the property owner from liability and mean that a lawsuit is unlikely to be successful.
That shield from liability may also apply if the person who slipped and fell tripped over an object that a reasonable person would have easily avoided. For instance, a reasonable person might expect gardening tools like a rake to be laying in someone’s yard. If they trip over that rake and hurt themselves, chances are the homeowner will not be liable. On the other hand, a rake left lying in the middle of an electronics shop could result in a slip and fall accident for which the shop owner would be liable.
Simply put, property owners have a duty to keep their homes and businesses in reasonable condition. The owner of the property is expected to keep their property in good shape and take reasonable measures to prevent dangerous situations from happening.
If you have been injured in a slip and fall accident and are thinking of filing a lawsuit, it is important to take a step back and think about the circumstances that led up to the accident. In order to prevail in a lawsuit, you will need to show that one of the following is true.
- The property owner or his or her agent or employee had reason to know that a dangerous condition existed, and a reasonable person in the same position would have known about that danger and taken steps to fix it.
- The property owner or employee new about the dangerous condition that led to the slip and fall accident and failed to take steps to mitigate that danger.
- The property owner or his or her employee actually caused the dangerous situation that resulted in the slip and fall. Examples would be a spill that the property owner knew about but took no steps to clean up or a piece of broken flooring that they took no action to repair.
If you hope to prevail in a slip and fall accident lawsuit, you will need to clearly show that the owner of the home or business either knew or should have known about the dangerous condition that led up to the slip and fall accident. If you feel you have a case, you need to contact an experienced personal injury attorney as soon as possible. A good personal injury attorney will be able to walk you through the entire process, determine whether or not you have a viable case and help you get the compensation you deserve.
Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.
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