Is Your Slip and Fall Case Valid?October 04, 2017
- 1. Liability in Slip and Fall Accidents
- 2. When Danger Doesn’t Equate to Negligence
- 3. Calling a Slip and Fall Lawyer
It’s likely to happen to you at some point in time no matter who you are — you’re walking along, minding your own business when you suddenly find yourself on the floor. You’ve slipped on a spill, tripped over bad concrete, or suffered another kind of fall. Maybe you were just being clumsy and there’s no real harm done. Perhaps, however, there was a dangerous situation you weren’t aware of, which should’ve been fixed, and you’ve suffered a serious injury as a result.
If that’s the case, you deserve to be compensated by the person responsible. To collect, however, you’ll need to be able to demonstrate that they were liable. Learn the basics of how premises liability claims proceed, what you need to prove, and how a slip and fall lawyer can help you collect damages.
Liability in Slip and Fall Accidents
Slip and fall accidents, just like the vast majority of personal injury suits, fall under the basic concept of negligence. This means that you’ll need to prove three things in order to pursue compensation.
The first of these is that the person responsible for the property had a duty of care to make sure it was relatively free from unreasonable dangers. The second is that they violated this duty by allowing a known danger to persist. Finally, you must show that this failure to address the problem was the proximate or direct cause of your injury.
When Danger Doesn’t Equate to Negligence
Not every dangerous condition means that someone was negligent in allowing it to persist. Let’s say, for example, that you’re in a restaurant and you’re headed to the bathroom when you slip and fall on a spill. This results in you suffering a serious injury and you want to file suit. Consider: when did the spill happen? How large was it? Has there been a proper time to address it? Were there any warning signs?
All of these can play a factor in your slip and fall case. If someone spilled oil on the floor a minute or two before you slipped, it’s possible that the restaurant hasn’t had the chance to address the issue. If there was a sign there warning you that the floor was slippery, an effort has been taken. If the bus person is on the way out with a mop just when you slip, they’re attempting to address the issue. In these cases, it may be more difficult to file a suit.
On the other hand, if the spill has been there for some time and nobody’s bothered to even put up a sign, you may be able to file suit.
Calling a Slip and Fall Lawyer
If you’re in a situation where you want to file a premises liability case and you need help, a slip and fall attorney is your best bet to get the maximum compensation for your medical bills, pain and suffering, loss of consortium, lost wages and more. If you’re in Mobile, Alabama, and you need help or advice, Andy Citrin Injury Attorneys can help. Give us a call for a free consultation today!
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