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Slip and Fall Accidents Occur Every Day
Slip and fall accidents injure many thousands of people each year.
Unfortunately, slips, trips and falls happen in dangerous conditions like wet supermarket floors, icy parking lots or cracked sidewalks.
Of course, sometimes the property owner is responsible for the accident, and sometimes he or
For example, if there was repair work being done on a section of a floor, and there were signs warning people about it, people should avoid that section of the floor.
In short, we all have an obligation to watch where we’re going.
Nevertheless, property owners have a legal duty to exercise reasonable care to make their property safe for others. This includes visitors, guests, and other people lawfully on the property.
There are several dangerous conditions that can exist on property that could cause a serious slip and fall injury to visitors or customers. Typically, slip and fall accident cases involve ice and snow in the winter and heavy rainfall year round.
For example, sidewalk defects, parking lot potholes or cracked sidewalks or pavement can be hazardous for pedestrians. In addition, wet floors from spilled beverages in restaurants, bars and supermarkets represent an accident in waiting.
As another example, debris from construction in a house, apartment building or an office building could lead to slip and fall injuries to a customer or other visitor.
How is Liability Determined in Slip and Fall Injury Cases?
To be legally responsible in a personal injury case for the injuries to a slip and fall accident victim, one of several circumstances must occur.
First, the property owner or an employee or agent, like a maintenance company hired by the owner, must have caused the dangerous condition that caused the slips or trips.
Alternatively, the owner or an employee must have known of the dangerous condition but done nothing to fix it or warn about it.
Lastly, the owner or an employee should have known about the dangerous surface because a “reasonable” person in the owner’s or employee’s shoes would have discovered and removed or repaired the dangerous condition.
In determining a property owner’s “reasonableness,” personal injury law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean.
For instance, if a person injured in a slip and fall tripped over a torn carpet or slipped on a wet area, had the dangerous spot been there long enough that the owner should have known about it?
As another example, does the property owner have proof that he regularly inspects and maintains his property?
If the fall down injury occurs because the victim tripped over an object someone had placed on the ground, was there a legitimate reason for it to be there?
Lastly, did poor or broken lighting contribute to the accident?
If the answers to one or more of these questions come out in your favor, you may have a good slip and fall case.
What Should You Do If You Are Hurt in a Slip and Fall Accident?
You should report your accident to the property owner as soon as you can.
Quite frankly, if the first notice to the property owner of your accident is a letter from you or your attorney weeks after the accident, the property owner or his insurance carrier might not believe your personal injury claim.
Additionally, take pictures of the dangerous condition that caused your fall. For instance, if you fell in an icy parking lot or walkway, the ice could melt in a day or two.
If there were any witnesses to the accident, get their contact information.
Lastly, if a slip and fall injured you, either go to an emergency room or see a doctor as soon as you can. Be sure to describe all your injuries to the doctor. Remember, some injuries may not cause symptoms for several days.
If You Are Hurt in a Slip and Fall Accident, Get an Experienced Slip and Fall Attorney to Help You
If a slip and fall accident has injured you, a close friend or a loved one because of a hazardous condition, you need experienced slip and fall accident injury attorneys. We will investigate the accident and determine who was at fault for your injuries.
Then we will negotiate a settlement with the insurance companies that fully compensates you.
And, by the way, we negotiate with insurance companies almost every day.
However, if the insurance company is not willing to settle your slip and fall case at a reasonable amount, we will prepare the case for trial.
Of course, the case can still settle. But, as every experienced lawyer knows, sometimes the at-fault party’s insurance companies don’t make the best settlement offers unless their backs are against the wall.
Lastly, we will fight to get you the compensation you deserve for your medical bills and pain and suffering. Contact our law firm at our Hammond office at 219-200-2000 or online at alexmendozalaw.com for a free consultation.