Each year, thousands of people are injured in slip and fall accidents. When personal injury occurs on another person’s property, the owner of the property may be at fault and therefore liable for damages. Though laws vary state to state in terms of the responsibilities and duties of property owners, a suit must be filed in order for insurance companies to pay out.
If you think your injury was caused by a negligent property owner, occupant or employee, there are several things to consider before filing a lawsuit.
When can I sue for a fall?
Property owners are required to perform reasonable maintenance to ensure a safe environment where slipping is unlikely. If these duties are ignored, the owner could be at fault for your accident.
In order to sue for a fall, the accident must have been caused by a dangerous condition that creates an unreasonable risk that should not have been anticipated in the circumstances. A plaintiff must show s/he would have avoided obvious danger, but the owner of the property knew about the dangerous condition and did nothing.
When is a property owner responsible for a slip and fall accident?
To prove fault of the property owner, one of the situations below must apply:
- The property owner caused the spill or created the dangerous environment that led to your fall.
- The property owner knew about the dangerous condition and negligently did nothing about it.
- The property owner knew about the condition because any reasonable person would have discovered and fixed the dangerous condition before an accident occurred.
The latter is the most common scenario in slip and fall lawsuits. In these cases, common sense is used to determine whether the owner took reasonable steps to ensure safety.
In short, you must be able to prove there is a responsible party whose negligence caused your slip and fall accident. Slip and fall accidents are some of the most difficult cases to progress, and victims in these incidents need qualified legal representation that is experienced in handling such cases. Slip and fall accidents are subject to time limits. If you meet the above criteria, contact the personal injury lawyers at the Meehan Law Firm to pursue your case.