Severe Injuries Are Often the Result of a Slip and Fall.Slipping and falling can be the cause of major injuries and hardships for those afflicted. A simple fall can easily result in serious injuries such as broken bones, head injuries, cuts and bruises, even broken teeth. Slip and fall injuries often require a medical treatment at a hospital and can cause the injury victim to miss work. In some cases, people can suffer permanent injuries which are life-changing.
The most common cause of slip and falls are cracked or damaged walking surfaces. Tree roots, for example, can break a sidewalk and raise part of it upward. Roads are subject to potholes and ice in the winter. Most communities have ordinances that property owners must clear walk-ways within a fair amount of time after a storm, but these laws are difficult to enforce.
Property owners are responsible for the repair and maintenance of their property they are also responsible for keeping the way clear of obstacles which could cause someone to trip or slip. Shoddy lighting and reduced visibility can also be a cause of injury.
The aisles of food stores are, particularly at risk. Food Containers often break leaving food and liquid behind. Crowded stores are often dangerous places to walk. These risks also apply to restaurants, cinemas, and where ever people gather.
Most people assume it is the property owners that are responsible for injuries and medical bills resulting from a fall. Although each state has specific liability laws, determining liability is not always easy to verify in such cases. There is no set of criteria which covers every municipality, but a broad-handed look would include some of the following topics:
* An unrepaired problem existed
* The property owner had ample knowledge of the situation
* The owner had ample time to correct the situation
* The owner failed to act promptly to fix the situation.
There are no laws that can cover every exact condition, and so courts will usually determine each incident on a case by case basis. Certain conditions are easy to interoperate like snow and ice or a slippery substance on a floor. But, sometimes the cause is not as easy to determine. There could be structural problems with fencing, or walkways, or broken sidewalks that need repair.
The difficulty in determining who is responsible for an accident like a slip or fall is whether a person could have reasonably detected a hazard and avoided it. Did the property owner have sufficient knowledge of the problem and time to make cleanups or repairs, or put up warning signs to alert pedestrians of a dangerous situation?
The question for the court will be, did the property owner fails to make the property as safe as possible?
When bringing a lawsuit against a property owner for a slip and fall blame can be hard to prove. In a food store setting, a breakage resulting in a slip and a fall can occur mere seconds before the customer slips. Did the store do everything in its means to protect its customers? Was a wet floor sign placed where shoppers could easily see it before the cleaning the floor? Was a message sent throughout the store notifying store maintenance personnel and customers alike that a potentially hazardous situation exists in a specific location? If a person is hurt falling on ice and snow, it is defensible if the property owner can show there was not sufficient time to clear the walkway.
Contact Parker Waichman LLP to Protect Your Legal Rights
The best way to protect your legal rights is to consult with an experienced slip and fall law firm with many years of experience and the resources to fight for you. However, you must act quickly to protect your legal right to compensation. The owner must be served with legal documents requiring them to preserve any evidence. This evidence will be necessary to substantiate your claim. There could be surveillance video. There may be witnesses willing to come forward and provide testimony of what they had seen.
One of our experienced attorneys will be able to do all these things for you and more. The slip and fall attorneys at Parker Waichman LLP off you a free case evaluation to answer all your questions. Call 1-800 YOURLAWYER (1-800-968-7529) to protect your legal rights.
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