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10 Jan

Slip & Fall Liability

Slip & Fall Accidents

The term Slip and Fall is a term used in a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as “premise liability” claims. Slip and fall accidents usually occur on property owned or maintained by someone else, and the property owner may be held legally responsible. 

There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and become injured. Same goes if someone trips on a broken or cracked public sidewalk, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips and falls outdoors because of rain, ice, snow or a hidden hazard such as a pothole on the ground. 

 

Proving Fault In Slip & Fall Cases

There is no precise way to determine when someone else is legally responsible for your injuries if you slip and fall. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to occur., and whether you were careless in not seeing or avoiding the condition that caused you to fall.

In most cases, a person injured in a slip and fall on someone else’s property must prove that the cause of the accident was a “dangerous condition”, and that the owner of the property knew of this dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property. In order to establish the property owner liable, it must be shown that:

  • The owner of property created the condition
  • The owner knew the condition was exciting and negligently failed to correct it. 
  • The condition existed for such a length of time that the owner should have discovered and corrected it prior to the incident. 

For a property owner to be liable, it must have been foreseeable that negligence would create the dangerous issue.

 

Responsible Parties

In order to recover from a slip and fall injury sustained on another’s property, there must be a responsible party whose negligence caused the injury. This sounds obvious, but many people do not realize that some injuries are simply accidents, and if anything the accident was caused by their own carelessness. 

 

Get Legal Help Today

If you’ve been injured in a slip and fall on someone else’s property and are considering a legal claim, you should discuss your case with an experienced attorney. You should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by talking with an experienced personal injury attorney. Here at Tompkins Selph & Associates we are available for Free case consultations 24/7 around the clock. Give us a call today at (614)-453-0971.

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