A slip and fall accident occurs when an individual trips, slips, or slides on a walking surface because of an unsafe condition.
When a slip and fall accident occurs as a result of another individual’s carelessness, negligence, or recklessness the injured victim has the legal right to seek compensation from the responsible party.
Owner of Property is Liable
The owner of a property has the legal duty to ensure that his property is safe for individuals who enter their property lawfully.
A property owner can be held liable in a slip and fall case if they had, or should have, known about the dangerous condition but failed to remedy the situation.
Under the “reasonable person” legal standard, if a reasonable and prudent person should have identified unsafe or hazardous conditions and taken prompt action to prevent slip and fall accidents, the individual who fails to take this action can be held accountable for any subsequent slip and fall injury.
This standard can be applied to any individual who had a duty to ensure that a property was safe and free of hazardous obstructions which may instigate a slip and fall injury.
Evaluating Slip and Fall Accidents
To determine liability for a slip and fall injury, several aspects of the accident may be studied, reenacted and evaluated.
The length of time during which the impediment or obstruction was present may help to show that the responsible party had ample time to identify and correct the problem.
If the hazard could have been prevented or remedied easily, failure to do so may be considered negligence.
Negligence may also be indicated when the responsible party failed to post warnings about a known hazardous condition or situation.
If there was no legitimate cause for the presence of a perilous obstruction, this may also indicate negligence in a slip and fall injury claim.
Document the Incident
If you or a loved one has suffered a slip and fall accident injury, it is very helpful to keep accurate records about the incident.
If you have a camera phone take pictures, of area, witnesses etc...
Many places of business have a policy for filing a slip and fall accident report at the scene of the incident, some may not have a reporting system.
If you are to fill out a slip and fall accident report or a compiling your own record of the incident, the following information may be pertinent: where and when the accident took place, who was injured, what injuries were suffered (this will include medical records), who witnessed the accident and their account of the incident, the environment in which the slip and fall accident took place, the cause of the slip and fall, who owns and operates the property, and other pertinent information.
Contact a Slip and Fall Lawyer
If another party found liable for the conditions which caused the slip and fall accident, the injured party may be eligible to receive compensation for medical costs, loss of income during the period of injury and recovery, reduced earning potential, disability, and emotional suffering.
The best way to ensure that you are adequately compensated for your suffering is to retain the services of an attorney who has experience representing the victims of slip and fall accidents. The legal expert can evaluate your case to determine how best to protect your legal rights.