“Slip and fall” is defined as personal injury case, if a person slips or trips for no reason but for negligency, sub-conciousness or inattentive poor conditions. If it’s merely our poor conditions (like under the influence of alcohol) caused the slip and fall accident, we are no one to stand for claims. However if there is a negligence on the part of the owner of the property on whose premises accident happened like poor lighting, change in floorings, ice or snow, water, any type of hole (pit) or gap in the ground. You may have grounds for premises liability lawsuit.
If a person trips, falls and injured on someone else’s property there is chance a lawsuit will be filed against the owner. These types of cases are “Premises Liability” as they are filed against property owners whether it’s residential or commercial. The two ways of getting premises liability claims are:
The initial investigation determined the real cause of the accident its due to the pre-existing conditions or could have been prevented by the owner’s timely action.
It will also be kept in mind that the injured might or might not have been aware of the hazardous conditions of the area or unconsciously fall in it.
And if there was chance for the owner during the time of the accident to prevent victim from falling.
For one thing, many different conditions can cause them. The winter months can see children and pedestrians slip and fall on icy sidewalks or paths. Careless maintenance at a supermarket can cause shoppers to slip and fall in an aisle. At the same time, slip and fall accidents are often relatively straightforward in terms of culpability: the finger can be pointed at the owner or possessor of the building or land.
When the area where you slipped or tripped and fell is part of the property owner or the property possessor’s premises, and he or she failed to take appropriate precautions or correct a problem that led to the accident, the owner or possessor can usually be held legally responsible for your injuries. What follows are some examples of common conditions that lead to slip and fall accidents outdoors, and the rules regarding a property owner’s duties with respect to those conditions.
If you slip and fall on someone else’s property, the property owner may be liable for your injuries.
A store that welcomes customers onto it’s property has a duty to keep them reasonably safe. An “unreasonable” condition that contributes to a fall can lead to an injury claim against the store.
For the strong case of the claimant, the owner of the property should know the hazardous conditions of the premises and proved to be negligent in maintaining them. It might have been possible that conditions are worse from long time. All the cases revolves around that the owner of the property was aware of the conditions before anyone became victim of an accident.
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true:
The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
If you are looking for the compensation for your injury caused due to the negligency of the owner, you need to file a slip and fall accident lawsuit. Before filing a claim or a lawsuit, you need to be ready with the evidence from the accident spot which can prove that owner of the property knew about or should have known about the condition that caused an accident (injury to the victim).
Here is a sample demand letter after a slip and fall accident on a staircase in a department store. The victim of this accident suffered serious injuries (a broken elbow) which required surgery and extensive physical therapy
Accident notification letter that might be sent after a slip and fall, or premises liability accident.
Filing any slip and fall lawsuit or claim is quite frustrating and difficult process. It’s made easier by the help of an attorney. The time period of the case varies from one year to up to six years in accordance with the laws of the state. But if you and your attorney attempt to make a compromise outside the court that will be less expensive and time consuming.
Slip and fall claims are no different. A large percentage of them settle. Of course, the actual amount of the settlement will depend on a variety of factors, but there are steps you can take to strengthen your case and improve your position in negotiations. Following the suggestions below should help you work toward that end.
A Slip and Fall Accident Attorney can claim for you medical bills, lost wages, rehabilitation costs, home expenses and much more. If you move to court the expense and time involved in this type of civil suit can be extensive. That’s why number of premises liability suits are settled by the parties out of the court. Which will not only save their money but also time. You can send your attorney on court dates with suitable evidences. You should write notes telling the whole incident (detailed) as quickly as possible. Pictures of the site will be most useful. Your lawyer should produce the evidence who saw the accident and can testify that they had warned the owner of the spill of damage. Your lawyer can also produce expert witnesses who can give reasons for the owner not doing the maintenance work to prevent such a slip and fall accident.
To avoid claims from the slip and fall victims the owners of the residential or commercial properties should maintain flooring sections, Shoe sections, Staircases and outdoors walkways, ramps, parking lots, speed bumps and wheel stops includes conducting hazard analysis, Self-inspections, Maintenance protocol, Inclement weather precautions, Employees training, Monitoring results.
Due to the fact that severe slip-and-fall accidents occur frequently at different places, it is reasonable to suggest that it may be only a matter of time until such an accident occurs as your facility without the proper precautions being taken. So implementing a well managed slip and fall down prevention program makes good business sense.
Some commonly asked questions by people hurt in a slip and fall accident .
– Lanier v. Wal-Mart Stores, Inc.
In 2003, Lanier v. Wal-Mart Stores, Inc., a landmark case in Kentucky, precipitated an important shift in these types of premises liability cases. The court indicated that if a plaintiff could prove he or she fell and was injured due to the presence of a foreign substance on the floor, then a rebuttable presumption arises that Wal-Mart did not keep its store in reasonably safe condition.
DOWNLOAD – Sample Personal Injury Demand Letter (PDF)