Were you injured while on someone else's property due to a slip and fall? You may be wondering if you have a viable personal injury lawsuit on your hands so that you can recover from your injury. Here are a few factors that must be in place to make a lawsuit viable.
The Property Owner Had Duty Of Care
Start by looking at where the slip and fall happened, and if the property owner had some sort of duty of care to make sure that the property was safe for others. This can be quite clear if you slipped and fell in a store where there was a puddle of water on the floor. However, it can be confusing if you had an accident on a patch of ice in the parking lot.
The Property Owner Breached That Duty Of Care
Once the duty of care has been established, you'll want to determine if the property owner breached that duty of care in some way. Property owners are obligated to fix conditions that can be hazardous and cause a slip and fall, such as leaking pipes that drip water on a slick surface. Not performing routine maintenance or cleaning up spills can lead to serious injuries, and the fault would fall on the property owner in the end.
The Property Owner Had Knowledge Of The Hazard
One thing to keep in mind is that a property owner isn't automatically responsible for everything that happens on their property. This is especially true if they did not know about the hazard and could not do anything to fix it.
For example, a pipe that has been leaking water for weeks is something that could be fixed with plenty of notice. However, there are plenty of situations where the property owner could not act quickly to fix the problem. This would be a situation such as a jar falling on the floor in a grocery store and causing the liquid to spill, which then causes a customer to immediately slip and fall. It would be impossible for the mess to be cleaned up that fast to prevent the accident.
The Injured Party Suffered Damages
Having an accident where you slip and fall is not enough to justify a lawsuit. You must also sustain damages that are substantial. If you do not have any medical bills associated with the slip and fall then you won't have a reason to sue. Even if you have a small amount in medical bills, such as from a trip to the doctor, it still may not be enough to justify the legal costs associated with a lawsuit.
To learn more, contact a slip-and-fall attorney in your area.Share
14 February 2023
When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.