You could end up seriously injured after a fall. Sometimes, these falls are caused by a hazard on property you don’t own. However, just because you fall on someone else’s property does not automatically mean that property owner is legally liable for your injuries. Property owners DO owe money in damages if you fall on their property due to their negligence. Continue reading to see if you have a slip and fall case.
Is the Property Unsafe?
For the property owner to be held responsible for a fall, there must be an unsafe condition that caused the fall to happen. A few examples of unsafe conditions include wet & slippery floors, a damaged sidewalk, potholes, or debris left in the walkway. Also, for the property owner to be held liable, the landowner needed to cause the unsafe condition or allow it to remain in its unsafe condition.
Did the Property Owner have Notice?
A property owner cannot be held liable for any unsafe conditions that they are not aware of. These is a key element in a fall case. Did the property know, OR should the property owner have known about the unsafe condition. Property owners are allowed a reasonable amount of time to learn about the unsafe conditions. An example of this is someone other than the property owner causing an unsafe condition on the property that causes the fall. Notice can difficult to prove in a slip and fall case. If it is a commercial property, there will be an incident report created after the fall. This incident report can potentially report how long the property owner was aware of the unsafe condition. If there is surveillance video of the area where the fall took place, this can also be an insight into how long the unsafe condition was left unattended. Depositions of employees in the area will also shine light on how the long the condition was allowed to remain unattended.
Was there a Warning?
If a property owner cannot quickly take care of an unsafe condition, they normally use a warning or dangerous sign to notify people of the unsafe condition. This allows people to avoid dangerous conditions, to protect themselves from injury. If there was a warning posted about the unsafe contusion that caused your fall, the property owner may not be held liable since they provided notice of the unsafe conditions. People are expected to use reasonable care to prevent their injuries and a property owner will argue a sign – such as a WET FLOOR sign – is notice to be careful and look for slippery substances.
How Serious Are the Injuries from the Fall?
Before you decide to go forward with a slip and fall case, see how serious the injuries are. If you only experienced minor injuries like bruising or soreness, it probably does not make sense to go through the process of a lawsuit. However, if you needed to go to the hospital and have a pile of medical bills you need to pay, it can be certainly be worth filing a claim.
Either way, if you have experienced a slip and fall on someone else’s property and believe the owner should be held liable, give us a call at J. Stein Law Firm and we can discuss your options with you and advise on the merits of your case. We can help you navigate your claim and file a lawsuit for you if needs.Give us a call today!