Slip and fall injuries, often considered forms of premise liability, come into play when you have an accident, such as a fall on someone else’s property. Slip and falls are common incidents, and most of us have slipped or tripped and fallen in our lives. However, not all slip and fall incidents can be registered as a legal offense, which is why consulting a Los Angeles Slip and Fall Lawyer can help determine whether you have a valid case.
A slip and fall injury can potentially become a lawsuit when the accident happened due to someone else’s negligence or due to someone else’s ill intent. In such cases, the owner of the premise can be held responsible for such accidents.
If your injury is caused in a shopping mall or any commercial building, then the business that is in charge of the property may be held legally responsible for the damage. If the negligence of the property owner is the cause of your injuries, then the homeowner may be sued for compensation.
Even if you slip, trip, or fall on a slippery pathway, road, or property owned by the local government, they can be held liable for your injuries. A skilled New York City slip and fall lawyer can help you navigate the legal complexities of filing a claim against government entities and ensure you receive the compensation you deserve.
What Does Premises Liability Law Specify About Your Slip-And-Fall Injury?
According to premise liability law, any accident that happens on another owner’s property that results in an injury from the owner’s negligence or ill intent can be the basis for a lawsuit. For example, due to the broken edges of a staircase, a customer at a restaurant may fall and get injured at the restaurant.
Slip and fall injuries, often considered forms of premise liability, come into play when you have an accident, such as a fall on someone else’s property. Slip and falls are common incidents, and most of us have slipped or tripped and fallen in our lives. However, not all slip and fall incidents can be registered as a legal offense, which is why consulting a Los Angeles Slip and Fall Lawyer can help determine whether you have a valid case.
The incident could be avoided if the restaurant owner would have repaired the staircase before the incident to make the premises safe for customers to use.
In another example, a person at a shopping mall can get seriously injured due to a slippery floor. If, however, there were signs of a wet floor, stating that the danger existed, the floor is wet, then the person injured may be held partially responsible for the accident if they read the warning and accepted the risk of slipping on a wet floor before deciding to walk on it.
As per premise liability, the owner of property that a person slipped on can be legally held responsible for a slip and fall injury if any one of the below statements is true.
- If the property owner was aware of the dangerous condition and did not take steps to correct it.
- The property owner knew or should have known about the dangerous condition and should have taken the right measures to prevent such incidents and acted as a reasonable person by providing a warning.
- If the property owner has intentionally created such a dangerous situation which leads to the accident out of ill-intent or based on personal interest.
How Does The Court Decide Who Is At Fault?
The liability for a slip and fall injury is often decided based on the proportion of fault in causing an accident and evidence to support damages and causation. There may be no direct proof of a slip and fall injury, but different factors could be taken under consideration to conclude who is at fault.
- How often does the property owner make an effort to keep his property clean and safe?
- How long has the dangerous situation persisted, and did the premise owner have time to learn about the situation and move towards removing the danger on his or her property?
- If the owner of the property tried to handle the situation, were his actions sufficient, reasonable and appropriate?
- Does the owner owe the person who was hurt a duty to keep the premises safe or to warn about any dangers, or both?
- Is the accident the fault of the victim or his or her carelessness that has resulted in an injury?
Who Should You Approach To Help You File A Slip And Fall Case?
Though you have all the options to move the case by yourself, it is always a better choice to hire an experienced and knowledgeable lawyer to represent you. You should approach a personal injury lawyer to address your slip and fall case.
Slip and fall cases fall under the personal injury; therefore, hiring a personal injury lawyer who is experienced in premise liability will help.
Does Every Personal Injury Lawyer Handle A Slip And Fall Case?
The answer is no. Personal injury includes a wide range of cases such as slip and falls, dog bites, car or other motor-vehicle accidents, work injuries, medical malpractice, product manufacturing defects and more. While you look for a personal injury lawyer to handle your slip and fall case, you must focus on the attorney’s credentials and experience on slip and fall cases exclusively.
His or her past experience will help you present the strongest case for your particular type of injury. Also, your attorney will know how to apply the best strategies to present your case in the court.
What Compensation Am I Entitled To In A Slip And Fall Injury?
How much you can claim may depend upon your degree of injury and the other party’s degree of fault. The basic points of calculation of your compensation mainly depend upon the amount of damages that may stem from the injury and accident, such as the cost of medical bills, damage to your vehicle, lost income, loss of a job, and even disability that happens due to the injury.
Every slip and fall injury, however, is different, and the state laws and rules differ in the case of slip and fall injuries. In some states, a form of comparative negligence may apply while in other states, a type of contributory negligence can apply.
Depending on which types of laws apply, your portion of fault may be important and can possibly lower or eliminate your right to compensation altogether for an injury. Therefore, to understand your case’s worth in detail, it is a wise decision to consult with a reputable personal injury lawyer.
The most difficult part is to calculate your pain and suffering that is associated with your injury. To calculate the compensation for your pain and suffering, you should consult with a slip and fall lawyer and determine the approximate worth of your case.
