What Are Your Legal Options in a Slip and Fall?
Slip and falls are one of most common types of personal injury accidents that are reported today. In fact, according to the data that is provided by the Occupational Safety and Health Administration, fall-related accidents are the second most leading cause of death next to vehicular motor accidents.
Maybe you found yourself or a family member accidentally falling on a flight of stairs, or slipping through a wet floor in the hallway. Regardless of that, the results can range from minor bumps and scratches to more devastating effects like fractures.
Suffering from a fall or slip related injury can be a traumatic and stressful experience. Medical and utility bills might be stacking up and you’re rendered unfit to be able to get back to work. What are your legal options in a slip and fall?
Slip and falls potential causes
If you or a loved one is sustaining a personal injury, you must be aware of the several causes of slip and fall accidents so that you can take several safety precautions in the future.
- poorly lit stairs
- using ladders/chairs
- floor surfaces that are uneven
- oily or wet floor
- unsecured mats and rugs
- weather hazards
- surfaces that don’t have any degree of traction
Slip and fall claims
To be able to prove that the other party is liable for the injuries caused by the incident, you should be able to prove:
- The owner of the property or employee has recognized the potential cause of danger but failed to repair or remove the potential source of danger, or had ample time to remedy the situation but did not do anything about it.
- The owner of the property or employee directly caused the dangerous situation which causes the victim to suffer personal injuries as a result.
To be held liable and negligent for the incident, the property owner or anyone they may have employed must have failed to act reasonably on the given circumstance. For example, they may have been unable to repair a pothole although with the knowledge it can cause imminent danger to anyone out there in public. You need to consider first several factors:
- Was it because of limited visibility or poor lighting that has caused the fall?
- Could the incident have been prevented or less hazardous to the public if there were warning signs all over the area or other preventive measures like blocking direct access to the area?
- Was the obstacle or dangerous condition there long enough for the owner or his employees to take notice and do precautionary measures?
- Do the owner, or his employees do routine check-ups to make sure the overall area is safe, and the property free from potential hazards?
- Was there any reasonable justification for the creation of the hazard before and by the time the accident happened?
You also need to prove that you didn’t intentionally cause the accident to yourself like not engaging in an activity (such as talking on the cellphone) that caused you not to notice adequate warning signs.
An unexpected event that can lead to accidents and personal injury can happen to anyone. At this point, it’s crucial that you seek legal counsel and talk to your personal accident lawyer. Talk to an experienced attorney today at The Rybak Firm.