Can I Sue After I Slip and Fall?

Friday, May 17, 2019

 Can I sue After I Slip and Fall?

When you inadvertently have a bad fall, you can suffer serious injuries such as bruising, ligament damage, spinal disc impact, and even fractures. While there can be occasions when this kind of accident is the result of sheer unforeseen bad luck, there can also be instances when another party’s negligence may be the blame. Here are some considerations regarding filing suit after a slip and fall:

Premises Liability

When a business or person owns a property, they have a responsibility to make sure that the area is reasonably safe for others. When a visitor to the location slips and falls on the property because the owner was negligent, the injured person may be able to file a claim against the property owner and ask for damages. This type of personal injury claim is under something called "premises liability," which applies to private business, governmental entities, and individual property owners.

Property Owner Responsibilities

Generally, a property or business owner must to keep their property in a safe condition which means looking for hazards and other dangerous conditions. If the owner knew or should have known about a dangerous condition and did not repair or warn visitors about the risk, they may be liable if the condition harms someone. A property owners duties vary according to the type of visitor who comes to the property.

Suing for Slip and Fall Accidents

If you are a visitor to another’s home or property and slip on debris or liquid or because of poor lighting conditions you may have a basis for a premises liability claim. Additionally, if your fall was caused by damaged flooring or carpeting or an uneven pavement or sidewalk, this may also be due to improper the property owner's negligence. Someone claiming that he or she had a slip and fall due to a substance or condition must show that the property owner had actual or constructive knowledge of the dangerous condition and should have done something to remove or address it or warn others. The idea is that the owner should have acted reasonably given the situation.

If you or someone visiting you has been injured due to a fall, you need to meet with an experienced personal injury attorney to evaluate your case. At the Draper Firm, we have knowledgeable personal injury attorneys who understand the issues which arise when a person is injured due to premises liability. We are here for you and can help. Contact us today to schedule a free consultation.

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